07/05/2007 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held July 5, 2007 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.
Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol
Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present
were Administrative Official Bud Cassidy, E &F Director Woody Koning, Finance Director Karl
Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
APPROVAL OF AGENDA AND CONSENT AGENDA
BRANSON moved to approve the agenda and consent agenda, seconded by FRIEND.
VOICE VOTE ON MOTION TO APPROVE THE CONSENT AGENDA CARRIED
UNANIMOUSLY
The following items were approved under consent agenda:
• Kodiak Island Borough Regular Meeting of May 17, 2007.
• Contract No. FY2008 -01 Economic Development Services for FY2008 Between the
Kodiak Island Borough and Kodiak Chamber of Commerce.
• Contract No. FY2008 -02 Destination Marketing and Tourism Development Services
for FY2008 Between the Kodiak Island Borough and the Kodiak Island Convention &
Visitors Bureau.
• Contract No. FY2008 -03 Monashka Bay Road Service Area Road Maintenance and
Repair, Snow Removal and Sanding.
• Contract No. FY2008 -05 Providence Kodiak Island Counseling Center for Counseling
Services to the KIB School District for School Year 2007 -2008.
• Vacation of a 20 Foot Wide Electrical Utility Easement Per KIBC 16.60 To Be
Replaced With a New 20 Foot Wide Utility Easement to Coincide With Lot Line
Configuration Designed to Coincide With Plat Granted Preliminary Approval Depicting
Proposed Lots 7A, 7B, and Tract A -1, Industrial Park Subdivision and Commercial
Tracts 1A and 2A.
• Vacation of Utility Easements as Shown on the Final Plat for Case S07 -004 Which Will
Create Lots 1, 2, 3, 4, and 5D -1 of Cut -Off Subdivision Located Within U.S. Survey
3099.
AWARDS AND PRESENTATIONS - None.
CITIZENS' COMMENTS
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
July 5, 2007
Nancy Kemp, Kodiak Arts Council Director, announced the Council's 45 anniversary and
thanked the assembly for its continued support in the past and in the future.
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 406
COMMITTEE REPORTS - None.
PUBLIC HEARING
A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of
Tony's Bar Liquor License, Beverage Dispensary License #1155, from Tony's Inc. to
Nikkia Atkins.
OSWALT moved to voice non - protest to the State of Alaska Alcoholic Beverage Control
Board Transfer of Ownership of Tony's Bar Liquor License, Beverage Dispensary License
#1155, from Tony's Inc. to Nikkia Atkins, seconded by BRANSON.
Clerk Javier reported that by Borough Code the Assembly will determine by motion if a
protest to the application is to be lodged with the Alcoholic Beverage Control Board. She
reported that 216 public hearing notices were mailed out and none was returned. There was
also no objection from staff.
Mayor Selby opened the public hearing.
Andy Lundquist, Tony's Bar and Liquor Store owner, corrected the new owner information to
CGM, Inc. Mr. Lundquist spoke in support of the group purchasing the liquor store and bar
and regarded them as an asset to the Kodiak business community. Ms. Patricia Almeter was
introduced as the new owner of the building where the bar and package store are located.
Mayor Selby closed the public hearing.
BRANSON moved to amend the non - protest to the State of Alaska Alcoholic Beverage
Control Board transfer of Ownership of Tony's Bar Liquor License, Beverage Dispensary
License #155 from Tony's Inc. to CNG, Inc., seconded by OSWALT.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend,
Jeffrey, Lynch, Oswalt, Williams, Abell
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Abell, Branson,
Friend, Jeffrey, Lynch, Oswalt, Williams
B. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership
of Tony's Liquor Store Liquor License, Package Store License #1156, from Tony's Inc.
to CMG. Inc.
BRANSON moved to voice non - protest to the State of Alaska Alcoholic Beverage Control
Board Transfer of Ownership of Tony's Liquor Store Liquor License, Package Store License
#1156, from Tony's Inc. to CNG, Inc., seconded by OSWALT.
Clerk Javier noted this license transfer is for the liquor store.
Mayor Selby opened public hearing. Hearing and seeing none, the public hearing was closed.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt,
Williams, Abell, Branson
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 407
BOROUGH MANAGER'S REPORT
Administrative Official Bud Cassidy announced that Manager Gifford was out of town and
would be returning July 16, 2007. Acceptance of the FEMA grant for the seismic retrofit for
the Middle School had been received. He announced that work had been started on the high
school kitchen. The 95% drawings of the pool, seismic upgrades, and hospital clinic were
available online.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby stated his disappointment with a few of the veto items from the Governor's office
specifically the seismic repairs for the Peterson Elementary School. He noted that some of
the other projects such as the track, museum, and ferry feasibility studies were significant
projects that the Assembly had fought for in Juneau and they had their work cut out for them
for the upcoming year.
UNFINISHED BUSINESS - None.
NEW BUSINESS
CONTRACTS
1. Contract No. FY2008 -04 Purchase of a Dump Truck for Landfill Operations.
JEFFREY moved to authorize the manager to execute Contract No. FY2008- 04 with
Cascadia International, LLC of Anchorage, Alaska in the amount not to exceed $94,458,
seconded by FRIEND.
Administrative Official Cassidy reported that presently the landfill has two trucks. The new
truck would replace the 1991 truck that is not in good condition. Options offered were to
continue maintenance and repair of the truck, leasing a truck, or use of present truck to do
double duty which would involve staff overtime. Staff recommended that the best option would
be purchasing a new truck.
Assembly member Abell would like to have seen the cost to the landfill utilizing the
construction company truck while Landfill study was being made.
Assembly member Oswalt inquired if staff had Commercial Drivers Licenses (CDL) to operate
this truck. He understood that for insurance purposes CDL's were required for vehicles
26,000 lbs. or more. He would like this postponed until further investigation was made about
insurance requirements.
Administrative Official Cassidy replied that CDL's were not required on private roads. He
reported that insurance companies had been contacted and CDL's are not required of staff
under the circumstances of present use. Staff has also spoken to Borough insurance
company about the requirements.
Assembly member Williams felt it was important to wait until Waste Management Study
consultants specifically address the need for an additional truck.
ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Jeffrey, Lynch, Abell, Branson,
Friend (Ayes): Oswalt, Williams (Noes)
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 408
RESOLUTIONS
1. Resolution No. FY2008 -01 Approving Fiscal Year 2008 Kodiak Island Borough Non -
Profit Funding.
BRANSON moved to adopt Resolution No. FY2008 -01 Approving Fiscal Year 2008 Kodiak
Island Borough Non - Profit Funding, seconded by FRIEND .
Administrative Official Cassidy stated that this resolution was the framework in which the
Assembly distributes the Borough funds set aside in the Fiscal Year 2008 budget to various
non - profit agencies.
Assembly member Branson stated that she was happy that the Borough was able to support
non - profits in this manner.
Mayor Selby pointed out that 13 grants totaling $232,699 were made available to Health &
Social Services, and 26 grants totaling $68,466 were made available to Education, Culture
and Recreation.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Williams, Abell,
Branson, Friend, Jeffrey
2. Resolution No. FY2008 -02 Declaring Surplus to Borough Need a Portion of Tract A,
U.S. Survey 3463 to Allow for the Disposal for Fair Market Value of a 30 Foot Wide,
Non - exclusive Access and Maintenance Easement to Serve Lots 1A, 1B, and 2A, Block
6, Miller Point Alaska Subdivision First Addition, and Authorizing the Borough Manager
to Negotiate the Easement Directly With the Petitioners.
OSWALT moved to adopt Resolution No. FY2008 -02, seconded by BRANSON.
Administrative Official Cassidy reported that this driveway already existed which was a
historical road that serves three structures and there was no other reasonable access. Staff
recommended that this tract be declared as surplus to borough needs.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell,
Branson, Friend, Jeffrey, Lynch
3. Resolution No. FY2008 -03 Appointing Members to the Kodiak Fisheries Advisory
Committee.
BRANSON moved to adopt Resolution No. FY2008 -03, seconded by FRIEND.
Administrative Official Cassidy noted these appointments were discussed with the City
Council at the June 19 Joint Work Session.
Mayor Selby announced the names of the people that are being submitted for appointment.
Three seats did not have candidates at the moment and advertising efforts will continue.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson,
Friend, Jeffrey, Lynch, Oswalt
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 409
4. Resolution No. FY2008 -04 Appointing Members to the Kodiak Fisheries Development
Associations.
JEFFREY moved to adopt Resolution No. FY2008 -04, seconded by BRANSON.
Administrative Official Cassidy reported the Kodiak Island Borough and City of Kodiak have
jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab
community entity (ECCE). The by -laws of the Kodiak Fisheries Development Association
provide for appointment of Directors to the Board of the KFDA by the Kodiak Island Borough
Assembly and Kodiak City Council.
Mayor Selby announced the appointees.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey,
Lynch, Oswalt, Williams
ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008
Budget by Budgeting for Grants, Moving Money Between Projects, and Changing
Budgets for Two General Fund Departments.
JEFFREY moved to adopt Ordinance No. FY2008 -01A in first reading to advance to public
hearing on August 2, 2007, seconded by WILLIAMS.
Administrative Official Cassidy reported this Ordinance sets up project number 05022,
Kodiak Middle School Seismic Upgrade. The total cost of the project was estimated to be
$2,638,633 and it would be funded by a combination of State Grants, savings from other
projects, and a use of interest earnings. In Fund 495, $125,000 was taken out of project
05021, CHC architectural /engineering work. The Kodiak Island Health Care Foundation will
manage the accounting of the design of the Community Health Center project. Instead of
transferring this money to the Borough, the Kodiak Island Health Care Foundation will
manage the money themselves.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey,
Lynch, Oswalt, Williams, Abell
2. Ordinance No. FY2007 -15A Amending the Kodiak Island Borough Code of
Ordinances Title 2 Administration and Personnel, Chapter 2.53 Solid Waste Advisory
Board.
FRIEND moved to adopt Ordinance No. FY2007 -15A in first reading to advance to public
hearing for a special meeting on July 19, 2007, seconded by BRANSON.
Administrative Official Cassidy reported Bell and Associates, Inc. and Kodiak Island Borough
Staff recommended expanding the composition of the Board to seven members which shall
consist of seven (7) borough residents, inclusive of the City of Kodiak, who represent a cross
section of the social and economic structure of the community. Preferably, two (2) out of the
seven (7) seats shall be designated to representatives from the construction and retail
business community.
There will be four non - voting ex- officio members, one (1) of which shall be an assembly
member appointed by the mayor; and one (1) shall be a KIB staff member appointed by the
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 410
manager; one (1) shall be representative from the United States Coast Guard; and one (1)
City of Kodiak staff member appointed by the city manager. Each ex officio member may
participate in all discussions.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt,
Williams, Abell, Branson
OTHER ITEMS
1. Accepting a Pre - disaster Mitigation Grant from Division of Homeland Security and
Emergency Management for the Kodiak Middle School Seismic Retrofit Project.
WILLIAMS moved to accept the pre- disaster mitigation grant from the Division of Homeland
Security and Emergency Management for the Kodiak Middle School Seismic Retrofit Project
in an amount of $938,632.50, seconded by OSWALT.
Administrative Official Cassidy noted the purpose of this request is to accept $938,632.50
from the Division of Homeland Security and Emergency Management for retrofitting the
Kodiak Middle School which has been identified as the most seismically vulnerable of all of
the school facilities. This money originally was from FEMA but is managed by the State.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt,
Williams, Abell, Branson, Friend
After a ten - minute recess, Mayor Selby reconvened the regular meeting at 8:30 p.m.
Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 8:30
p.m•
BOARD OF ADJUSTMENT
An Appeal of the Planning and Zoning Commission's Decision Before the Board of
Adjustment on Case No. 07 -020 Requesting a Variance in Accordance with KIBC 17.66.020
and KIBC 17.19.040A to Allow a 5 Foot Encroachment Into the 25 Foot Front Yard Setback
Required by Plat Note (Appellant: Lester Leroy Russell.)
Mayor Selby announced that 102 appeal notices were mailed; one was returned opposing the
appeal. The assembly shall decide the appeal upon the appeal record and the written and
oral argument presented on the appeal. At the hearing before the assembly, only persons
who have submitted written argument on the appeal, or testified before the commission, or
submitted written comments to the commission may present oral argument. He outlined the
order of the oral argument and announced that rebuttal may be limited to new evidence and
testimony brought forward during private person comments. He noted failure to observe the
above procedures in a hearing shall not affect the validity of the decision so long as the
appellant has had a reasonable opportunity to be heard.
Mayor Selby announced the following persons may present oral argument on the appeal:
Persons who have submitted written argument on the appeal
Gordon and Constance Jensen
Testified before the commission
Constance Jensen
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 411
Submitted written comments to the commission
Gordon Jensen Julie Meier
Constance Jensen Myrtle Olsen
Lee Russell
The oral argument was held as follows:
1. Borough staff represented by Associate Planner Duane Dvorak.
Associate Planner Duane Dvorak introduced the decision of the Planning and Zoning
Commission (P &ZC) in this variance by referencing pages R -3 and R -5 in the appeal packet.
He noted that in order for the commission to grant a variance, they have to find that all six
standards in KIBC 17.66 have been met. He said findings 1, 3, and 5 were the primary
reasons why the commission did not grant the variance.
2. Appellant: 10 minutes - represented by Mr. Dave Thorson on behalf of Lester Leroy
Russell
Mr. Dave Thorson referred to the variance appeal summary that he submitted. He agreed that
there was a mistake made on the setback; however, it was not that tragic that the variance
should not be allowed. He encouraged the Assembly to take a closer look at the variance
request.
3. Private person supporting the appeal: 10 minutes
Mr. Randall Borgeman requested to speak. After checking the record, it was found that he did
not qualify per Borough Code as one of the persons who may present oral argument on the
appeal.
4. Private person opposing the appeal: 10 minutes
None.
5. Appellant, for rebuttal: 10 minutes - (Dave Thorson on behalf of Lester Leroy Russell)
Mr. Dave Thorson said when the marks were made on the ground for this project, Horizon
Surveyors were in the area and confirmed at that time that the marks appeared to be correct.
WILLIAMS moved to convene into executive session for deliberation as a quasi - judicial board,
seconded by BRANSON.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED
UNANIMOUSLY: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey
After the vote, Mayor Selby invited the manager and clerk's office staff to join in on the
executive session and recessed the Board of Adjustment.
Upon returning from the executive session, Mayor Selby reconvened the Board of
Adjustment.
Assembly member Friend noted it was hard to go against the decision of P &ZC. He said the
applicants did not cause special conditions of financial hardship from which the relief is
sought. He advised the mistake was committed by the builder, not the applicants. He did not
have a problem reversing this and by looking at it a little differently from the P &ZC might give
everyone a better option.
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 412
Assembly member Jeffrey said there are rules in place and they are clear regarding the 25
foot setback. She thanked P &ZC for its hard work. She noted that it appeared to be an
unfortunate error and would reluctantly vote to reverse P &ZC's decision.
Assembly member Abell noted the building inspector report reflected "the setback appeared
to be good, forms good, rebar good, and okay to pour." He said there would be no obstruction
to anybody's back or front yard and he would vote to reverse the P &ZC's decision. He meant
no disrespect to the Commission.
Assembly member Oswalt quoted "to err is human and to forgive is divine" and that is how he
would base his decision. He noted the building inspector report was written in good faith and
they checked very prudently. There was no harm done and this should be considered as an
error. He appreciated the work put into this by the Commission.
Assembly member Jeffrey referred to the building inspector report noting the applicants had
the go ahead by public officials and that was evidence of innocent error.
Mayor Selby announced the findings of fact will be based on this discussion.
FRIEND moved to reverse in whole the Planning and Zoning Commission's Decision on Case
No. 07 -020 Requesting a Variance in Accordance with KIBC 17.66.020 and KIBC 17.19.040A
to Allow a 4.5 Foot Encroachment Into the 25 Foot Front Yard Setback Required by Plat Note
(Appellant: Lester Leroy Russell), seconded by ABELL.
ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Oswalt, Williams, Abell, Branson,
Friend, Jeffrey (Ayes); Lynch (No)
FRIEND moved to postpone the Findings -of -Fact of the Board of Adjustment on the Planning
and Zoning Commission's Decision on Case No. 07 -020 Requesting a Variance in
Accordance with KIBC 17.66.020 and KIBC 17.19.040A to Allow a 4.5 Foot Encroachment
Into the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester Leroy Russell)
to the next regular Assembly meeting, seconded by WILLIAMS.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson,
Friend, Jeffrey, Lynch, Oswalt
Mayor Selby recessed the Board of Adjustment Hearing and reconvened the regular meeting
at 9:25 p.m.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly member Lynch had no comments.
Assembly member Oswalt had no comments.
Assembly member Jeffrey announced that the Kodiak Fisheries Advisory Committee had
three seats open and encouraged possible representatives to those seats to apply.
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 413
Assembly member Branson congratulated Staff for acquiring the FEMA grants. She reported
that Governor Palin vetoed many issues and the Assembly would have to continue to work
hard.
Assembly member Abell had no comments.
Assembly member Friend announced that he was happy to see the Kodiak Launch
employees survive the van accident.
Assembly member Williams had no comments.
ANNOUNCEMENTS
The Assembly work session scheduled on Thursday, July 12, 2007 has been cancelled. The
Assembly will meet in a special work session and special meeting on Thursday, July 19, 2007
at 7:30 p.m. in the Borough Assembly Chambers. Emergency Medical Services will be the
item for discussion during the special work session.
The next regular work session of the Assembly is scheduled on Thursday, July 26, 2007 at
7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is
scheduled on August 2, 2007 at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
BRANSON moved to adjourn the meeting, seconded by FRIEND
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey,
Lynch, Oswalt, Williams.
The meeting adjourned at 9:30 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Je :me M. Selby, Mayor
Nova M. Javier, CIVIC, Boroura
h Clerk
Approved a itgf 1(k Zoo 7
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 414