12/20/2018 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
December 20, 2018
A regular meeting of the Kodiak Island Borough Assembly was held on December 20, 2018, 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 David Davis of the Salvation Army. Mayor Rohrer led the
Pledge of Allegiance.
Present were Mayor Dan Rohrer, Assembly members Scott Arndt, Julie Kavanaugh, Rebecca
Skinner, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough
Manager Michael Powers, Borough Clerk Nova Javier, AND Assistant Clerk Karen Siador.
ARNDT moved to excuse Assembly member Schroeder until he arrives.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Clerk's Note: Assembly member Schroeder arrived at 6:57 p.m.
APPROVAL OF AGENDA AND *CONSENT AGENDA
ARNDT moved to approve the agenda and the consent agenda.
ARNDT moved to amend the agenda by adding the waiving of the confidentiality of the Attorney
Client Privileged Legal Opinion Relating to the Mission Lake Tidegate Service Area
Abolishment Petition under Other Items.
ROLL CALL VOTE TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Arndt, Kavanaugh,
Skinner, Smiley, Symmons, and Turner.
VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
The Regular Meeting Minutes Of October 18, November 1, and December 6, 2018; and Special
Meeting Minutes of October 3, October 12, November 7, and November 29 were approved
under consent agenda.
CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
The following spoke under citizens' comments:
Jeff Stewart Betty MacTavish
Craig Johnson Darren Platt
Mel Stephens
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AWARDS AND PRESENTATIONS
None.
COMMITTEE REPORTS
Assembly member Smiley provided a summary on the Kodiak Fisheries Work Group Regular
Meeting held on December 19, 2018.
PUBLIC HEARING
1. Ordinance No. FY2019-10 Rezoning Lot 2, Block 10, Tract A, Larsen Bay Subdivision
from R1 -Single -Family Residential District to B -Business District (P&Z Case No. 19-
006).
ARNDT moved to adopt Ordinance No. FY2019-10.
The Clerk's Office mailed out 18 public hearing notices on December 7, 2018.
This ordinance would approve the rezone of one lot in Larsen Bay from R1 -Single Family
Residential to B -Business. In the late 1970s, most land in Kodiak Island Borough villages was
zoned to R1 -Single Family Residential by Ordinance number 77-19-0. That blanket rezone was
implemented regardless of the existing or planned land use of these parcels at that time. The
residentially -zoned lot requested for rezone in this case has been used for lodge activities for
several years but was designated as Residential in the 2008 Comprehensive Plan. However, the
land uses surrounding this lot vary and include a school, vacant land, open storage, and a church.
The Planning and Zoning Commission held a public hearing on this rezone request at their
October 17, 2018 Regular Meeting. After that hearing, the Commission voted unanimously to
recommend approval of the rezone request as it will provide more flexibility in land use and is in
line with the objectives with the 2008 Comprehensive Plan.
Mayor Rohrer closed the regular meeting and opened the public hearing. The following spoke
under public hearing: Stephanie Blondin and Terri Blondin
Mayor closed the public hearing and convened the regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner,
Smiley, Turner, and Arndt.
2. Ordinance No. FY2019-11 Rezoning Lot 4, Block 7 and Lots 3, 4, & 5, Block 8, Tract A,
Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business
District (P&Z Case No. 19-008).
KAVANAUGH moved to adopt Ordinance No. FY2019-11.
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The Clerk's office mailed out 30 public hearing notices on December 7, 2018.
This ordinance would approve the rezone of four lots in Larsen Bay from R1 -Single Family
Residential to B -Business. In the late 1970s, most land in Kodiak Island Borough villages was
zoned to R1 -Single Family Residential by Ordinance number 77-19-0. That blanket rezone was
implemented regardless of the existing or planned land use of these parcels at that time. The
residentially -zoned lots requested for rezone in this case have been used for lodge activities for
several years and were designated as Mixed Commercial/Waterfront/Residential in the 2008
Comprehensive Plan. These lots are surrounded by a variety of land uses and zoning types
including housing, a school, and Larsen Bay's medical clinic.
The Planning and Zoning Commission held a public hearing on this rezone request at their
October 17, 2018 Regular Meeting. After that hearing, the Commission voted unanimously to
recommend approval of the rezone request as it will provide more flexibility in land use and is in
line with the objectives with the 2008 Comprehensive Plan.
Mayor Rohrer closed the regular meeting and opened the public hearing. Stephanie Blondin
spoke under public hearing.
Mayor closed the public hearing and convened the regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley,
Symmons, Turner, Arndt, and Kavanaugh.
BOROUGH MANAGER'S REPORT
Manager Powers gave a report on the following:
• Met with US Census field representative.
• Worked with staff on personnel issues.
• Reviewed and acted upon President Trump's Executive Order resulting in a Borough
Holiday on December.
• Worked with staff to ensure we physically monitored the Tsunami Sirens the Borough
maintains.
• Worked with the Borough Attorney on various issues including conflict of interest, Mission
Tidegate, Revenue limit initiative and personnel matters.
• Discussed tree damage to home with staff and AMLJIA, authorized removal of damaged
and potentially hazardous trees from borough land and policy to identify and remediate
potentially hazardous trees.
• Met with the City Manager regarding SWAMC CEDS and Emergency Management.
• Met with IBEW Business Representative.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Rohrer gave a report on the following:
Briefly spoke and gave some updates about the Otmeloi Way Project.
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UNFINISHED BUSINESS
1. Mayoral Appointments Of Assembly Member Representatives To Different Boards,
Committees, Commissions, And Councils.
The motion is on the floor which is "move to confirm the mayoral appointments of assembly
member representatives to different Boards, Committees, Commissions as reflected to the
attached list".
This item was originally introduced on the December 6 regular meeting and was postponed to the
December 20th regular meeting.
Per KIBC 2.20.040
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 in accordance with KIBC2.100.030.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Turner,
Arndt, Kavanaugh, and Schroeder.
NEW BUSINESS
Contracts
1. Contract No. FY2019-14 Kodiak Middle School Boiler Replacement.
ARNDT moved to authorize the Manager to execute Contract No. FY2019-14 with Bering
Industrial Contractors, Inc. of Edmonds, WA for the Kodiak Middle School Boiler Replacement
project in an Amount Not to Exceed $411,945.
Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract
exceeding $25,000 requires Assembly approval.
This contract is for construction of the Kodiak Middle School Boiler Replacement project. The
base bid scope of work is replacement of the existing fuel oil boiler and related equipment at
Kodiak Middle School. An alternate bid was included to modify some of the heating supply piping
currently serving the 6th grade wing of KMS. This wing is currently fed from the High School boiler
room, and the alternate work would modify it to feed it from the Middle School boiler room instead.
Staff is recommending the base bid and alternate be awarded.
This work is scheduled to be completed during summer 2019. Design was completed by Jensen
Yorba Lott and RSA Engineers, and approved by the Architectural/Engineering Review Board.
An invitation to bid was issued on October 23, 2018, and bids were due and opened on November
15, 2018. Three bids were received. After reviewing bids, Staff has determined that Bering
Industrial Contractors, Inc. is the lowest responsive bidder. A copy of the bid tabulation is
attached.
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ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt,
Kavanaugh, Schroeder, and Skinner.
Resolutions
1. *Resolution No. FY2019-15 Adopting an Alternative Allocation Method for the FY2019
Shared Fisheries Business Tax Program and Certifying that this Allocation Method
Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in
FMA 13: Kodiak Area.
The Sate of Alaska, Department of Commerce, Community and Economic Development's Shared
Fisheries Business Tax Program was created in 1990 to help municipalities impacted by the
effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish
processors and sharing the collected taxes with affected municipalities. Applications must be
submitted annually by municipalities to receive an allocation from the program. This year the
deadline is February 15, 2019.
This resolution will allow the Kodiak Island Borough to submit its application for the FY2019
Shared Fisheries Business Tax Program using an alternative method. The resolution indicating
approval of the application is a required portion of the application.
The FY2019 Shared Fisheries Business Tax allocation will be based on the population of each of
the cities within the Borough, and the Borough's allocation will be based on the total population
of the Borough, less the population of each of the cities (Ahkiok, Kodiak, Larsen Bay, Old Harbor,
Ouzinkie and Port Lions.)
The total calculated allocation to the Kodiak Area FMA for FY2018 was $252,914.79 with the
Borough's calculated share being $80,515.51; the Borough's actual receipts were $82,397.85.
The FY2019 total calculated allocation to the Kodiak Area FMA is $254,478.73 with the Borough's
calculated share being $81,629.15.
This is proposed under consent agenda since this is a routine and annual item.
Ordinances for Introduction
1. Ordinance No. FY2019-12 Calling for a Special By -Mail Election to Submit to the
Qualified Voters the Question of Abolishing the Mission Lake Tidegate Service Area.
ARNDT moved to advance Ordinance No. FY2019-12 (option 2) to public hearing at the next
regular meeting of the Assembly.
On October 31,2018 a petition to abolish the Mission Lake Tidegate service area was submitted
to the Clerk's office and found to be in conformity with Borough Code. Subsequently, per Code,
the Manager's Office has prepared an ordinance effecting the proposed action; to provide for
an election for the service area members to vote on the proposed abolishment.
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Timeframe: It takes seven weeks to complete a by -mail election. The Clerk provided a sample
calendar if the Assembly chooses to call the election on April 2nd. The Assembly may choose
a different date to hold the election and the calendar will be adjusted accordingly.
At this time there are questions that have not been answered about the consequences of
abolishing the service area. The main question is what would happen to the money in the
service area fund? This money was collected for the purpose of maintaining the tidegate and
cannot be transferred or used for anything else if the service area is abolished without a
transition plan or refund to the property owners. There are also questions about responsibility
for ongoing maintenance of the tidegate if the service area is abolished.
SKINNER moved to amend line 79 to delete the "date" in brackets and insert April 2nd
VOICE VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons,
Turner, Arndt, Kavanaugh, Schroeder, Skinner, and Smiley.
2. Ordinance No. FY2019-13 Amending KIBC Title 2 Administration And Personnel,
Chapter 2.20 Borough Mayor, Section 2.20.40 Duties To Alter The Procedure By
Which Letters Are Signed By The Borough Mayor.
SMILEY moved to advance Ordinance No. FY2019-13 to public hearing at the next regular
meeting of the Assembly.
Currently, KIBC 2.20.040 requires the Borough Mayor to obtain authorization from the
Assembly for any written or electronic communication or base such communication on a good
faith belief that the mayor is speaking on behalf of the assembly. The Assembly often receives
requests for letters of support for various causes that are time sensitive in nature and require
the Assembly to call a special meeting to approve the letters on time. It may be desirable for
the Assembly to amend the code to allow more flexibility for letters that are routine or
administrative in nature.
ARNDT moved to amend line 43-46 to read "Request for letters that are recommending policies
of consequence to the borough may be issued or sent when the mayor and deputy presiding
officer jointly concur that the issuance of such does WILL require discussion by the Assembly".
SKINNER moved to amend the amendment by amending line 43 to read "Request for
ENDORSEMENTS and letters....".
ROLL CALL VOTE TO AMEND THE AMENDMENT CARRIED SIX TO ONE: Turner, Arndt,
Kavanaugh, Skinner, Smiley, and Symmons (AYES); Schroeder (NOES).
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ROLL CALL VOTE ON THE AMENDMENT AS AMENDED CARRIED FIVE TO TWO: Arndt,
Skinner, Smiley, Symmons, and Turner (AYES); Kavanaugh and Schroeder (NOES).
ROLL CALL VOTE ON THE MAIN MOTION CARRIED FIVE TO TWO: Schroeder, Skinner,
Smiley, Symmons, and Arndt (AYES) Kavanaugh and Turner (NOES).
3. Ordinance No. FY2019-15 Amending KIBC 17.205 (Amendments And Changes) To
Incorporate Procedures For Changing The Comprehensive Plan Future Land Use
Designation For Approved Rezones That Are Not Consistent With The Assigned
Comprehensive Plan Future Land Use Designation (P&Z Case No. 19-011).
SKINNER moved to advance Ordinance No. FY2019-15 to public hearing at the next Regular
Meeting of the Assembly.
Previous procedures used to change Comprehensive Plan Future Land Use Designations
(FLUDs) when the assigned designation of a parcel or parcels was inconsistent with a proposed
rezone of the parcel or parcels have proven onerous. Those uncodified procedures resulted in a
duplicate process that created unnecessary administrative burdens for the applicant, staff,
Planning and Zoning Commission, and Borough Assembly. This ordinance eliminates those
administrative burdens by automatically changing the FLUID of a parcel or parcels to a designation
that is consistent with an approved corresponding rezone of the parcel or parcels.
The Planning and Zoning Commission held a public hearing on the proposed ordinance at their
November 14, 2018 Regular Meeting. After that public hearing, the Commission voted
unanimously to recommend that the Borough Assembly approve the ordinance.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Smiley,
Symmons, Turner, Arndt, and Kavanaugh.
Other Items
1. 'Review By The Borough Assembly of the the Renewal Of Liquor License Applications
Within The Kodiak Island Borough Jurisdiction. This item was approved under consent
agenda.
Routine investigation resulted in the following:
• There were no unpaid taxes on the listed renewals.
• There were no trouble reports on the liquor licenses outside the City of Kodiak.
• Although some liquor licenses situated within the City of Kodiak came back with
incidents of trouble reports, they do not appear to be out of ordinary. AMCO advised
that if the borough submits a protest for those licenses that are in the City limits, the
objection from the borough does not have a legal effect (see email in the packet).
The Assembly was in agreement with the Clerk's determination and the Assembly voiced
non -protest to the renewals.
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2. Confirmation Of Mayoral Appointments to the Different Boards, Committees, and
Commissions.
ARNDT moved to confirm the following mayoral appointments:
• Mr. Alan Schmidt to the Planning and Zoning Commission City seat for a term to expire
December 2020
• Mr. Barry Altenhoff to the Planning and Zoning Commission City seat for term to expire
2021
• Mr. Clifford H. Ford to the Architectural Engineering Review Board for a term to expire
December 2021
• Mr. Nick Szabo to the Solid Waste Advisory Board for a term to expire December 2021
• Mr. Robert Brodie to the KIB Lands Committee (At Large Seat) for a term to expire
December 2021
• Mr. Steve Paulson to the Parks and Rec Committee for a term to expire December 2021
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons,
Turner, Arndt, Kavanaugh, and Schroeder.
3. Confirmation of Assembly Appointment to the Service Area No. 1 Board (Edward
Mahoney).
ARDNT moved to postpone to the February 7 regular meeting of the Assembly and refer this
item to Service Area No. 1 Board for recommendation.
2.100.030 Appointments.
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.
4.15.040 Vacancies.
E. The service area board may submit its nomination of a person from the submitted
applications to fill the vacancy to the assembly. The assembly shall appoint a new member
selected from the submitted applications for the remaining unexpired term.
There is no impending meeting of the service area board and there were no other applications
received for the service area seat.
SKINNER moved to release the legal opinion dated 12/19/2018 regarding conflict of interest as
related to Service Districts and Borough Assembly.
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ROLL CALL VOTE TO RELEASE THE LEGAL OPINION CARRIED FIVE TO TWO: Smiley,
Symmons, Kavanaugh, and Skinner (AYES); Turner and Schroeder (NOES).
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO TWO: Symmons, Arndt,
Schroeder, Skinner, and Smiley (AYES); Turner and Kavanaugh (NOES).
4. Confirmation of Assembly Appointments To The Board Of Equalization ( Mr. Mark
Anderson and Mr. Ed Mahoney).
SKINNER moved to confirm the Assembly appointments of Mr. Mark Anderson and Mr. Ed
Mahoney to the Board of Equalization for terms to expire December 2021.
2.100.030 Appointments.
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.
ROLL CALL VOTE TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Arndt, Kavanaugh,
Schroeder, Skinner, Smiley, Symmons, and Turner.
5. Waiving of the Confidentiality of the Attorney Client Privileged Legal Opinion Relating to
the Mission Lake Tidegate Service Area Abolishment Petition.
SKINNER moved to waive the confidentiality of the Attorney Client privileged legal opinion relating
to the Mission Lake Tidegate Service Area abolishment petition.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Schroeder,
Skinner, Smiley, Symmons, and Turner.
CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker)
The following spoke under citizens' comments:
Mel Stephens
Jeff Stewart
ASSEMBLY MEMBERS' COMMENTS
Assembly member Arndt spoke about the recent rezones and wished everyone Merry Christmas.
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Assembly member Summons congratulated Mr. and Mrs. Christofferson on their 37'h wedding
anniversary, talked about other organizations and events in the community, and service area
districts maintenance.
Assembly member Smiley spoke about the rocket launch and its coordination with fishing opening
issue and asked the Borough Mayor and Manager to be pro -active on that issue and work with
Representative Stutes and AK Senator.
Assembly member Skinner thanked the public who came to the meeting and listened to the radio.
She also spoke about the Future Land Use Designation Comprehensive Plan and wished
everyone Happy Holidays.
Assembly member Schroeder echoed Assembly member Smiley's comments, talked about Solid
Waste issues, and Future Land Use Designation Comprehensive Plan.
Assembly member Turner wished everyone Happy Holidays. Talked about bear activity, Board of
Fish events and rocket launch issue.
Announcements
The next Assembly work session is scheduled on Thursday, December 27, 2018 at 6:30 p.m. in
the School District Conference Room. The next regular meeting is scheduled on Thursday,
January 3, 2019 at 6:30 p.m. in the Assembly Chambers. Borough Offices will be closed on
Monday, December 24, Tuesday, December 25 and Tuesday, January 1, 2019 in observance of
the holidays.
ADJOURNMENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 8:38 p.m.
A ST:
Nova M. Javier, MMC, Boro gh Clerk
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
Approved on: March 7, 2019
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