06/16/2016 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
June
W. 2016
A regular meeting of the Kodiak Island Borough Assembly was held on June 16, 2016, in the
Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting
was called to order at 6:30 p.m.
The invocation was given by Major Richard Greene of the Salvation Army. Mayor Friend led the
Pledge of Allegiance.
Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank
Peterson Jr,, Dan Rohrer, Rebecca Skinner, Scott Smiley, and Dennis Symmons. Also present
were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Angela
MacKenzie.
PETERSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular meeting minutes of April 7 and April 21, 2016 were approved under the consent
agenda.
CITIZENS' COMMENTS
Discover Kodiak Director Chastity McCarthy expressed gratitude to the Assembly for its support.
AWARDS AND PRESENTATIONS
Mayor Friend presented a proclamation recognizing the courageous efforts of the FV Alaskan
Crew, FV Norquist Crew, Icicle Seafoods Personnel, and the U.S. Coast Guard for protecting
the well-being of others.
COMMITTEE REPORTS
Assembly member Rohrer attended the first Marijuana Task Force (MTF) regular meeting and
provided a synopsis of what and when the group would be undertaking the tasks of cultivation,
retail sales, testing, and manufacturing. The next meeting was scheduled for Tuesday, July 26,
2016.
Assembly member Symmons attended the MTF meeting also and encouraged the public to
attend and be a part of the process.
Assembly member LeDoux announced that the Borough Lands Committee had formed a
Subcommittee that would be working on Title 18, He thanked Assembly member Skinner for
presenting a letter to the North, Pacific Fishery Management Council (NP,FMC) from both
municipalities on the Gulf of Alaska Trawl Bycatch (GOA Trawl Bycatch) issues,
Assembly member Skinner provided a brief update on the NPFMC meetings in Kodiak this Ipast
week stating that both the City and Borough provided testimony regarding the GOA Trawl
Bycatch issues. Commissioner Cotten noted comments made by both imunicipalities. The next
Kodiak Island Borough Assembly Regular Meeting Minutes
June 16, 2016 Page 1704
Kodiak Fisheries Work Group meeting was scheduled for Wednesday, June 2�2 at 8:30 a.m. ir
the Borough Conference •
PUBLIC HEARING
A. Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, Fiscal Year 2016
Budget, By Amending Budgets To Account For Various Revenues That Are Over
Budget, Providing For Additional Expenditures And Moving Funds Between Projects.
This budget adjustment accounts for the following:
• Move $93,000 from the Information Technology Department to the Community
Development Department to account for moving of the GIS Analyst position from the IT
Department to Community Development.
• Add $4,479 to Trinity Island Paving Fund to cancel out negative fund balance.
• Move incorrectly coded lease income from Land Sale Fund (Fund 210) to Women's Bay
Road Service District (Fund 240).
• Decrease transfers out from the Facilities Fund (Fund 276) by $196,546.
• Add $62,818 from the sale of bonds to the Debt Service Fund (Fund 300).
• Approve spending $100,000 from Womens Bay Fire Department for Womens Bay
Emergency Center construction.
• Add $10,566 to the Oil Spill Disaster Fund (Fund 270) to cover expenses that were not
reimbursed.
• Move $25,455 from Debt Service (Fund 3004300) to Karluk Clean Water Loan Debt
Service (Fund 300-307) paying off that loan early.
• Transfer $379,580 from Capital Projects -Borough (Fund 410) to Capital Projects -School
(Fund 420).
• Combine Old Harbor Emergency Generator and Karluk Emergency Generator Projects
into one Emergency Generator Project in Capital Projects (Fund 450).
• Return a total of $272,409 to State of Alaska for KHS Swimming Pool Project. $52,392
from Renewal and Replacement Projects Fund (Fund 469) and $220,017 from Capital
Projects -School (Fund 420).
• Transfer $69,553 from Debt Service (Fund 300) to Capital Projects -School (Fund 42�0) to
account for less revenue received than originally budgeted for.
• Reclassify $2,842,548 of loans in Capital Projects -Solid Waste (Fund 490) as revenue,
Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer,
Skinner, Smiley, and Symmons.
BOROUGH MANAGER'S REPORT
Manager Powers reported on the following:
• The Community Foundation expressed interest in disseminating nonprofit funds on
behalf of the Borough lin the future and for this year it was suggested the assembly form
a subcommittee to work with the foundation;
• Issues with trespassing near the landfill, signage would be posted soon
• Staff had been working on action plans as a result of the strategic plan, hoped to have a
draft to the Assembly soon
Kodiak Island Borough Assembly Regular Meeting Minutes
June 16, 2016 Page 1705
Staff had been working on training and processes to ensure compliance with OSHA
Staff was making progress, with, the hospital lease and would be meeting again next
week
MESSAGES FROM THE BOROUGH MAYOR
Mayor Friend thanked Assembly member Skinner and others for covering for him at various
meetings and commitments.
UNFINISHED BUSINESS
A. Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough.
The motion on the floor was to adopt Resolution No. FY2017-02.
KIBC 3.10-190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. The
last fee resolution was reviewed and adopted in June 2015. These fee changes were more in
line with the budgetary needs for the 2017 fiscal year.
Clerk's note: An amendment was proposed to the Resolution by Assembly member LeDoux
regarding the reduction of fees for Owner-Builder/New Residence Construction Fees to $150 at
the June 2,d regular meeting.
ROHRER moved to amend Resolution No. FY2017-02 by substitution.
LEDOUX moved to amend the amendment by maintaining the 500 lbs. daily dump weight for
Construction/Demolition Debris and household waste.
ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY:
LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow.
ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY:
LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson,
Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux.
NEW BUSINESS
Contracts
1 Contract No. FY2017-03 Discover Kodiak Destination Marketing And Tourism
Development Services For FY2017
LEDOUX moved to authorize the Manager to execute Contract No. FY2017-03 with Discover
Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2017 in the
amount of $95,000.
Discover Kodiak had been providing destination marketing and tourism development for the City
of Kodiak and the Kodiak Island Borough for several years through its Marketing Committee.
The contract would renew the Borough's relationship with Discover Kodiak for the 2017 fiscal
year with funding from the Borough's bed tax revenue.
Discover Kodiak Board of Directors and members respectfully requested an increase of $10,000
for a total request of $95,000 for FY2017.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 16, 2016 Page 1706
The duties to be accomplished by the contractor were described in the contract.
SKINNER moved to amend Contract No. FY2017-03 with Discover Kodiak for Destination
Marketing and Tourism Development Services for fiscal year 2017 in the amount of $75,000.
ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Rohrer, Smiley,
LeDoux, and Peterson (Noes); Skinner, Symmons, and Crow (Ayes).
ROHRER moved to amend Contract No. FY2017-03 Section 4. COMPENSATION. As
compensation for all services rendered under this agreement, contractor shall be paid
$95,000.00 by the Kodiak Island Borough and funds shall Ibe used for the following:
0 $78,000 for Tourism Development
0 $12,000 for Rural Tourism Summit
1* $5,1000 for the Adventure Travel Trade Association Pre -Summits
Said compensation shall be paid in equal installments of $23,750.00 on the second Friday of
July and October 2016, and January and April 2017.
Note: Fiscal Impact —Account sources
® $78,000 for Tourism Development — Account reflected in the agenda statement
a $12,000 for Rural Tourism Summit — Village tourism development fund
0 $5,000 for the Adventure Travel Trade Association Pre -Summits — Contingency Fund
ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Skinner, Smiley:, Crow,
LeDoux, Peterson, and Rohrer (Ayes); Symmons, (Noes).
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Smiley, Crow,
LeDoux, Peterson, and Rohrer, (Ayes); Symmons and Skinner (Noes).
Mayor Friend recessed the regular meeting at 7:44 p.m.
Mayor Friend reconvened the regular meeting at 7:47 p.m.
Resolutions
None.
Ordinances for Introduction
1 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The
Future Land Use Designation Of An :08.24 Acre Portion Of Lot 2, U.S. Survey 1673
From Commercial/Business To Industrial/Light Industrial (P7Z Case No. 16-017).
ROHRER moved to adopt Ordinance No. FY2016-23 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
This request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the
site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (P&Z Case
No. 16-,017). A Comprehensive Plan: amendment was a necessary prerequisite to rezone the
subject lot from B -Business to I-Inclustdal. If the Future Land Use Designation was changed to
Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted
Comprehensive Plan.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 16, 2016 Page 1707
Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners
could then seek permits to establish any permitted or conditional use allowed by the new
zoning.
The Planning and Zoning Commission held a public hearing on the amendment request at their
May 18, 2016 regular meeting., The Commission voted unanimously to recommend that the
Assembly approve the amendment,
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Simmons, Crow, LeDoux,
Peterson, Roherer, Skinner and Smiley.
2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of Lot 2, U.S. Survey 1673
From B -Business District to I -Industrial District.
PETERSON moved to adopt Ordinance No. FY2016-25 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
The rezone request followed a request to amend the 2008 Comprehensive Plan, changing the
Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to
Industrial/Light Industrial (KIB Ordinance No. FY2016-23). Upon finalization of Ordinance No.
FY2016-23, the rezone to I -Industrial would be consistent with the adopted Comprehensive
Plan.
Should the rezone be approved, the owners could then seek permits to establish any permitted
or conditional use allowed in the I -Industrial zoning district.
The Planning and Zoning Commission held a public hearing on the amendment request at their
May 18, 21016 regular meeting. The Commission voted unanimously to recommend that the
Assembly approve the rezone.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDolux, Peterson, Rohrer,
Skinner, Smiley, and Symmons.
3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The
Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S.
Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland
Lease From Conservation To Industrial/Light Industrial,
CROW moved to adopt Ordinance No. FY2016-24 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The request was made by the Kodiak Island Borough Community Development Department to
correct a mapping error in the 2008 Comprehensive Plan. The parcels had a Future Land Use
Designation of Conservation in the plan. Prior to adoption of the 2008 Comprehensive Plan, the
future land use of the area was designated Industrial, per Ordinance No. 81-8-0. The area was
zoned I -Industrial by Ordinance No. 81-9-0.
Staff believed that the identification of these parcels as having a Future Land Use Designation
of Conservation was an administrative oversight, and that amending the adopted 2008
Comprehensive Plan maps was necessary.
Kodiak Island Borough Assembly Regular Meeting Minutes
June 16, 2016 Page 1708
The Planning and Zoning Commission held a public hearing on the amendment request at their
March 16, 2016 regular meeting. The Commission voted five to one to recommend that the
Assembly approve the amendment.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDolux, Peterson, Rohrer,
Skinner, Smiley, Symmons, and Crow.
4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, East Addition
Subdivision From R2 -Two Family Residential To R3 -Multifamily Residential (P&Z Case
No. 16-012).
LI DOUX moved to adopt Ordinance No. FY2016-26 in first reading to advance to public
hearing at the next regular meeting of the Assembly,.
At the March 16, 2016 Planning and Zoning Commission regular meeting, the Commission held
a public hearing on the request to rezone four lots from R2 -Two-family Residential to R3 -
Multifamily Residential (P&Z Case No. 16-012). Following the public hearing, a motion to
recommend that the Borough Assembly approve the rezone failed on a three to three vote.
Findings of fact in support of the denial were adopted by the Commission at their April 20, 2016
regular meeting.
Pursuant to KIBC 17.205.055.13, the initiating party filed a written statement with the Clerk's
office requesting that the Commission's action be taken up by the Borough Assembly.
At the June 2, 2016 Borough Assembly regular meeting, the Assembly reviewed the request
and approved a motion, to direct staff to prepare a rezone ordinance for introduction at the next
regular meeting.
Staff prepared the attached ordinance, which was presented for consideration by the Assembly.
Recommended findings of fact in support of adoption were included as an attachment to the
ordinance.
Also attached to the packet was the Community Development Department rezone procedures
and the draft agenda statement for the July 7, 2016 meeting that details the procedures for
adoption of the Ordinance and the Findings of Fact.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner,
Smiley, Symmons, Crow, and LeDoux.
Other Items
None.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBERS' COMMENTS
Assembly member Crow spoke about the two municipal governments consolidating and to
anticipate a resolution soon.
Kodiak Island Borough Assembly (Regular Meeting Minutes
June 16, 2016 Page 1709
Assembly member LeDoux expressed desire for the Assembly to meet with the public in an
informal setting to allow back and forth conversation. He spoke to the consolidation of the two
local governments and the scheduling of joint work sessions with the city council in an effort to
improve communication.
Assembly member Symmons encouraged the public to give input and be part of the solution
with the MTF.
Assembly member Rohrer announced the next MTF meeting was scheduled for Tuesday, July
26, and at 6 p.m. and would go no later than 6 p.m. He welcomed Scott Smiley to the assembly..
He requested an update at a future work session to determine where they were at with the
Building Permits process for the Borough.
Assembly member ;Skinner addressed Assembly member LeDoux's comments regarding joint
work sessions between the two governiing bodies. She was interested in having more
substantive discussions and strategiing with the mayor for the groups to have more (productive
discussion.
Assembly member Smiley spoke to his experiences so far as a newly appointed assembly
member.
Announcements
Mayor Friend announced the next Assembly work session would be held on Thursday, June 30,
2016 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting
would be held on July 7, 2016 in the Borough Assembly Chambers. He also reminded everyone
that the Borough Offices would be closed on Monday, July 4 in observance of the Fourth of July
holiday.
y
PETERSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Smiley,
Symmons, Crow, LeDoux„ and Peterson.
The meeting was adjourned at 6:10 p.m..
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KO] QL'1Ill E1■�1'k
Jerrol Friend, Mayor
Approved on: December 16, 2016
Kodiak Island Borough Assembly Regular Meeting Minutes
June 16, 2016 Page 1710