10/02/2014 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
October 2, 2014
A regular meeting of the Kodiak Island Borough Assembly was held on October 2, 2014, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor
Friend led the Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Tuck Bonney, Aaron Griffin, Dave
Kaplan, Chris Lynch, Frank Peterson Jr., and Mel Stephens. Also present were Borough
Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie.
KAPLAN moved to excuse Assembly member Carol Austerman who was absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
PETERSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular meeting minutes of September 4, 2014 were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Mayor Friend proclaimed the month of October 2014 as Domestic Violence 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.
Mayor Friend proclaimed the month of October 2014 as Filipino American National History
Month as established by the trustees of the Filipino American National Historical Society.
CITIZENS' COMMENTS
Judi Kidder spoke on Ordinance No. FY2015-02 General Obligation Bonds for School Renewal
and Replacement projects (Proposition No. 1) on the October 7, 2014 Regular Election ballot.
Service Area No. 1 Board Chairperson Scott Arndt spoke on Item 13.D.1 Bay View Service Area
Request for Funding of a Guard Rail Project and encouraged the Borough to contribute funding
assistance for those types of projects. He notified the Assembly that Planning and Zoning
Commissioners were available to speak to Ordinance No. FY2015-04.
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Womens Bay Service Area Board member Dave Conrad spoke to Item 13.D.1 and encouraged
discussion between the Borough staff, Borough Assembly, and Service Area Boards on
hazardous areas within the service areas and how those issues may be addressed.
Todd Hiner encouraged efforts towards opening up additional Borough land for development.
COMMITTEE REPORTS
None.
PUBLIC HEARING
1. Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land Use Plan to Change
the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residential to
Commercial Business (Case No. 04-014).
KAPLAN moved to adopt Ordinance No. FY2015-04.
The Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmitted
the August 20, 2014 meeting materials and recommendation for a 2008 Comprehensive Plan
amendment for consideration by the Assembly. The Commission recommended approval of the
amendment to the 2008 Comprehensive Plan to change the future land use designation of Lot
1, Alagnak Acres from Urban Residential to Commercial Business.
At its regular meeting on July 16, 2014, the Commission voted four-to-three to recommend
approval of the Comprehensive Plan amendment and at its regular meeting on August 20, 2014,
the Commission voted four-to-three to adopt the Findings of Fact in support of the
recommendation.
The Community Development Department did not concur with the Commission's
recommendation to the Assembly or the findings of fact in support of the Commission's
recommendation. The detailed reasons for the position were set forth in the staff report and
packet prepared for the request and submitted to the Commission. Staff recommended that the
request was inconsistent with specific goals, policies, implementation actions, and
implementation priorities stated in the Borough's 2008 Comprehensive Plan. The specific
reasons why staff did not support the proposed comprehensive plan amendment were as
follows:
• The amendment would facilitate a rezone without an adequate justification of any
economic need predicated upon population growth or positive employment impact.
• The amendment would facilitate a rezone that increased potential compatibility
issues between adjacent districts by creating a boundary that separated similarly
zoned and developed properties.
• The amendment would facilitate a rezone without demonstrating a need for more
business zoned lands. The application failed to provide any rationale for such a
rezone, which was particularly problematic given the amount of vacant or under-
utilized business zoned property in the immediate neighborhood.
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A review of the approved meeting minutes when the Commission considered the matter
disclosed certain errors which required administrative action in order to correct those errors. For
that reason, the meeting minutes reflecting the Commission's deliberations on the matter were
omitted from the transmittal memo. They would be forwarded to the Assembly once amended
by the Commission.
31 public hearing notices were mailed out on September 19, 2014. No responses were
received.
Mayor Friend opened the public hearing.
Planning and Zoning Commissioner Maria Painter spoke in favor of Ordinance No. FY2015-04
and explained the Commission was in the process of clarifying the comprehensive plan.
Mark Anderson, representing Alagnak Inc., spoke to the process followed in regards to the
rezone and comprehensive plan amendments and addressed concerns regarding the process.
Mayor Friend closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,
Peterson, and Stephens.
2. Ordnance No. FY2016-06 Amending Titles 1, 6, 8, 9, and 10 of the Kodiak Island
Borough Code to Implement the Alaska Uniform Citation Procedure for Certain Violations
of Borough Code.
LYNCH moved to adopt Ordinance No. FY2015-06.
On March 27, 2014, a majority of the Assembly agreed to move forward with code amendments
to adopt the Alaska Uniform Citation Process for certain violations of Borough Code, as required
by the Alaska Court system. The system also required that the Borough adopt a schedule of
fines for violations of Borough Code that would be handled by the uniform citation process. The
primary example of how the system would be used was for animal control fines. As directed,
staff worked with the City of Kodiak with respect to those specific fines. Other violations of
Borough Code that would be included in the schedule of fines included littering, solid waste
violations, and fireworks control.
Implementing the changes required: 1) an ordinance amending Borough code to adopt the
uniform citation process and reference of schedule of fines and 2) a resolution adopting a
schedule of fines.
Mayor Friend opened the public hearing.
Maria Painter and Judi Kidder spoke on Ordinance No. FY2015-06 and asked the Assembly to
take time considering the fees.
Dan Rohrer voiced concerns about defining violations of Borough code and compounded fines.
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Mayor Friend closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Griffin, Kaplan, Lynch, Peterson
(Ayes); Stephens and Bonney (Noes).
BOROUGH MANAGER'S REPORT
Borough Manager Cassidy reported on the following:
• Announced the soft launch of the Borough Facebook page. The Social Media Use Policy
had been distributed to employees and elected officials;
• Spoke to concerns of Borough employees regarding public comments on Facebook that
related to Borough business and could be perceived as harmful to individuals;
• Reported that the Planning and Zoning Commission was holding a number of public
hearings related to the Code Revision Project and the public was welcome to provide
comments; and
• Would be out of town until October 14.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend was aware of the comments being posted on Facebook regarding Borough
business. He encouraged the public to attend the Planning and Zoning Commission meetings
as the appropriate avenue for voicing frustrations or concerns and encouraged the public not to
use Facebook as the official platform to voice those concerns.
UNFINISHED BUSINESS
1. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough.
The motion before the Assembly was to adopt Resolution No. FY2015-02.
GRIFFIN moved to amend Resolution No. FY2015-02 by substitution.
KIBC 3.10.190 Review of Service Fees ordained that all Borough fees be reviewed on an
annual basis. The last fee resolution was reviewed and adopted on June 2013. The fee changes
were more in line with the budgetary needs for the 2015 fiscal year.
At its regular meeting on September 18, 2014, the Assembly postponed the ordinance to the
October 2, 2014 regular meeting. The Assembly wished to review the following:
• Vehicle disposal fee of $475 per vehicle
■ Borough Records, Copies per page, first 20 pages free and $.25 thereafter
• General Services, Copies per page, general public, $.25
• General Services, Copies per page, government and non-profits, $.05
• Subdivision Fees, Appeal Record copy per page, $.15
• Zoning, Appeal Record copy per page, $.15
Additional information was provided in the packet that reflected the Borough's cost for copying
and the monthly lease for the different machines. Comparables were also provided on how
much the local printing vendor charged. _ .
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ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch,
Peterson, Stephens, Bonney, and Griffin.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch,
Peterson, Stephens, Bonney, Griffin, and Kaplan.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2015-10 Adopting a Schedule of Fines for Certain Violations of Borough
Code.
KAPLAN moved to adopt Resolution No. FY2015-10.
As a second class borough, the Borough exercised certain enforcement powers, which included
the ability to levy fines and penalties in accordance with the Borough Code (KIBC) and AS
29.25.070.
The Code contained references and authority to levy fines and penalties in Title 1 General
Provisions; Title 6 Animals; Title 8 Health and Safety, Title 9 Public Peace, Morals and Welfare;
and Title 10 Vehicles and Traffic.
Pursuant to AS 29.25.070, the Supreme Court of Alaska order number 1797 (Minor Offense
Rules 1-22), effective April 15, 2013, required municipalities to list all minor offences in a
Schedule of Fines and incorporate them into the Alaska Uniform Table of Minor Offenses
maintained by the Alaska Court System.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Peterson, Bonney, Griffin, Kaplan,
and Lynch (Ayes); Stephens (No).
Ordinances for Introduction
None.
Other Items
1. Bay View Service Area Request for Funding of a Guard Rail Project.
BONNEY moved to approve the Bay View Service Area funding request in the amount of
$18,000 for a guard rail project.
Bay View Road Service Area (BVRSA) Board Chairperson Reed Oswalt brought forth safety
issues that had occurred at the intersection of Monashka Bay Circle and Bay View Road. During
winter months a curve located at that intersection caused multiple vehicles to slide off the road
into a substantially steep bank located on private land. The Board felt that the solution to the
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matter was to install a guardrail at that site and argued that the cost associated with installing
the guardrail was above and beyond the powers of the BVRSA to provide construction and
maintenance. Because the solution to the issue was one of basic safety, the Board also
contended that the cost of the guardrail was the responsibility of the Borough's.
Two options were provided for the Assembly's consideration: 1) the Borough would incur the
cost of the guardrail installation or 2) the mil rate of the BVRSA could be increased to cover the
cost of the guardrail and installation. Northwest Barriers LLC had a project to install guardrails in
the Monashka Bay Road Service Area (MBRSA) as part of the road paving project and Mr.
Oswalt received a bid from Northwest Barriers LLC to utilize its services to install a guardrail in
the BVRSA in conjunction with the MBRSA project. The bid received to purchase and install the
guardrail was $16,650, however, project management and other admin costs would need to be
added to the overall project budget. Regular maintenance of the guardrail would need to be
considered as well.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Stephens, Bonney, Kaplan, and
Peterson (Ayes), Griffin and Lynch (No).
CITIZENS' COMMENTS
Dennis S mmons spoke on several issues concerning local government.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Griffin spoke on the Domestic Violence Awareness Month proclamation and
the effects of domestic violence.
Assembly member Kaplan encouraged people to vote on October 7 and thanked the Clerk's
staff for its efforts on the elections.
Assembly member Stephens urged the public to get out and vote on October 7.
Announcements— Mayor Friend
The next Assembly work session would be held on Thursday, October 9 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, October 16
at 7:30 p.m. in the Borough Assembly Chambers.
The Regular Municipal Election would be held on Tuesday, October 7, 2014. if voters would be
out of town on Election Day, absentee voting was available in the Borough Clerk's Office, Room
101 in the Borough building from 8 a.m. to 5 p.m., through Monday, October 6, 2014.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch,
Peterson, and Stephens.
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The meeting was adjourned at 8:46 p.m.
KODIA LAND BOROUG
ATTES : { errol Friend, Mayor
vier, MMC, Borough Clerk Approved on: December 18, 2014
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