08/02/2007 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Minutes
August 2, 2007, 7:30 p.m., Assembly Chambers
1. INVOCATION
Captain John Quinn of the Salvation Army provided the invocation.
2. PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Mayor Selby.
3. ROLL CALL
Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson,
Jerrol Friend, Chris Lynch, and Reed Oswalt. Absent were Assembly members
Sue Jeffrey 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.
BRANSON moved to excuse Assembly members Sue Jeffrey and Barbara
Williams, seconded by FRIEND.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
4. 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 AGENDA AND CONSENT
AGENDA CARRIED UNANIMOUSLY
5. APPROVAL OF MINUTES
A. Kodiak Island Borough Regular Meeting of June 7 and Special Meeting of June
26, 2007. These minutes were approved under consent agenda.
6. AWARDS AND PRESENTATIONS
A. Employee of the Quarter
Administrative Official Cassidy presented the Employee of the Quarter award to
Jessica Kepley, Secretary in the Engineering and Facilities Department.
B. Longevity Award
Administrative Official Cassidy presented Five -Year Longevity Awards to Teresa
Medina, Cashier in the Finance Department and Robert Briles, Baler Operator I in
the Engineering Department.
7. CITIZENS' COMMENTS
Steve Taufen spoke in appreciation of the Kodiak Fisheries Advisory Committee
organized by the Kodiak Island Borough and City of Kodiak. He suggested the
committee meet before the North Pacific Fisheries Management Council meetings
for a recommendation.
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 417
Sarah Thayer suggested that free CPR and first aid classes be made available to
the community between now and October 2007 ideally in the evenings and /or on
the weekends.
Scott Arndt spoke about his concerns and reservations with Ordinance FY2008 -05
regarding emergency services.
Dale Rice, Women's Bay Fire Chief, spoke in support of Ordinance FY2008 -05.
8. COMMITTEE REPORTS
Scott Arndt, Architectural /Engineering Review Board Chair, reported that the ARB
had met three times this week. He stated that the Community Health Center's 95%
drawings had been reviewed. The 95% drawings of the pool were also reviewed.
The Community Health Center will have a timeline the end of this week, and the
pool does not have one at this time.
Assembly member Oswalt reported he had been involved in the ARB meetings for
the pool and appreciates the time the ARB are devoting to this project.
Assembly member Branson reported that the Rasmuson Foundation Grant had
been officially received for the Solarium in the amount of $25,000 and the project
was now funded.
9. PUBLIC HEARING
A. 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.
FRIEND moved to adopt Ordinance No. FY2008 -01A, seconded by BRANSON.
This ordinance sets up project number 05022, Kodiak Middle School Seismic
Upgrade. The total cost of this project was estimated to be $2,638,633 and it would
be funded by a combination of State grants, savings from other projects, and 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 would be
managing the accounting of the design of the Community Health Center project,
instead of transferring this money to the Borough, they will manage the money
themselves. $5,100 is moved from Health and Social Services to Education, Culture
and Recreation to cover deficit.
Mayor Selby opened public hearing.
Scott Arndt spoke in favor of Ordinance No. FY2008 -01A.
Public hearing was closed.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson,
Friend, Lynch, Oswalt
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 418
B. Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C-
Conservation Zoning District to RR2 Rural Residential Two Zoning District
(P &ZC 07-028.)
OSWALT moved to adopt Ordinance No. FY2008 -02, seconded by BRANSON.
This case was considered at a public hearing of the Planning and Zoning
Commission on June 20, 2007 at which time the Commission adopted a
recommendation to the Kodiak Island Borough Assembly for further consideration.
The Commission adopted the following findings in support of its recommendation.
Section 17.72.070 states that the Commission shall incorporate the following
criteria into their report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
The rezone is needed and justified because the rezone area represents an "in- fill"
prospect capable of providing adequately sized development opportunities
supporting the community of Port Lions' economic growth.
17.72.020 B. Findings as to the Effect a Change or Amendment would have
on the Objectives of the Comprehensive Plan.
The RR2 -Rural Residential Two Zone is consistent with the objectives of 1997 Port
Lions Comprehensive Development Plan. The preference for development is in
favor of rural residential use and residential development consistent with the RR2 -
Rural Residential Two classification would not unduly burden existing public
infrastructure.
Mayor Selby opened public hearing. Hearing and seeing none, he closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend,
Lynch, Oswalt, Abell
10. BOROUGH MANAGER'S REPORT
Administrative Official Bud Cassidy reported that asbestos abatement at the Main
Elementary School was complete and tile and carpet work would be completed
this Saturday.
Middle School abatement should be completed in a week. Seismic upgrades are
progressing and the work should be completed in November 2007.
Some classes will be held at the Armory until that time. The kitchen floor was
being replaced in the kitchen area of the high school.
11. MESSAGES FROM THE BOROUGH MAYOR - None.
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. CONTRACTS — None.
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 419
B. RESOLUTIONS — None.
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and
Personnel to Increase the Mayor, Assembly, Regulatory and Quasi - Judicial
Boards and Commissions' Compensation.
BRANSON moved to adopt Ordinance No. FY2008 -04 in first reading to advance
to public hearing on August 16, 2007, seconded by OSWALT.
The following are the regulatory and quasi-judicial boards and commissions in
KIBC that receives compensation:
• Mayor (started in 1998, increase from $400 to $500 per month.)
• Assembly (last changed in 1988, increase from $100 per regular meeting to
$300 per month.)
• Planning and Zoning Commission (last changed in 1982, increase from $100
per session to $200 per month.)
• Board of Equalization (original amount since 1978, increase from $50 per
session to $100 per session.)
The Personnel Review Board is now called the Personnel Advisory Board which is
a non - regulatory or quasi - judicial board and would be removed from the list.
Assembly Branson supported the ordinance although she stated that it was hard to
talk about compensation for oneself being on the board.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Lynch,
Oswalt, Abell, Branson
2. Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service
Areas to Modify Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of
Emergency Medical Services Within Those Fire Protection Areas.
FRIEND moved to adopt Ordinance No. FY2008 -05 in first reading to advance to
public hearing on August 16, 2007, seconded by BRANSON.
Kodiak Island Borough Code sections 4.05.010 and 4.05.040 authorize the
modification of service areas by the Assembly, subject to an election of the
qualified voters in each area affected by the ordinance, under sections 4.05.060,
and Chapter 4.190. The Assembly wishes to re- establish the delivery of
emergency medical services in the Borough's three Fire Protection Service Areas,
(Women's Bay Service Area, as provided in Chapter 4.50; Fire Protection Area No.
1, as provided in Ch. 4.80; and Airport Fire Protection Service Area, as provided in
Ch. 4.120) to make these changes to the services which can be delivered within
the Fire Protection Service Areas at the earliest opportunity consistent with the
necessary elections.
There was Assembly discussion about getting information about other
municipalities' practices and protocols. Everyone was encouraged to participate
and comment during public hearing.
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 420
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt,
Abell, Branson, Friend
D. OTHER ITEMS
1. Mayoral Appointments to the Solid Waste Advisory Board.
BRANSON moved to appoint Ed Mahoney to a three year seat representing the
construction businesses with a term to expire 2010 and Daniel Rohrer to a two year
seat representing the retail businesses with a term to expire 2009 on the Solid
Waste Advisory Board, seconded by FRIEND.
The Assembly adopted Ordinance No. FY2007 -15A which expanded the
composition of the Solid Waste Advisory Board to seven (7) members. The Board
will now 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.
Two (2) out of the seven (7) seats were designated to representatives from the
construction and retail business community.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Abell,
Branson, Friend, Lynch
2. BOARD OF ADJUSTMENT — ADOPTION OF FINDINGS OF FACT for 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 4.5 Foot Encroachment Into
the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester
Leroy Russell.)
Mayor Selby announced this was a continuation of the July 5, 2007 proceedings of
the Board of Adjustment.
FRIEND moved to convene into executive session for deliberation as a quasi -
judicial board, seconded by BRANSON.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson,
Friend, Lynch, Oswalt
The Assembly convened into executive session at 8:05 p.m., and reconvened the
regular meeting at 8:10 p.m.
BRANSON moved to adopt the findings of fact and conclusions supporting the July
5, 2007 Board of Adjustment's decision of reversing 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 Note
(Appellant: Lester Leroy Russell), seconded by OSWALT.
The following are the findings of fact and conclusions:
17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the
property or intended use of development, which generally do not apply to other
properties in the same land use district.
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 421
There are apparent wetlands in the vicinity of the building encroachment which
made it difficult to locate the lot corner from which the setback could have been
precisely determined. Both the builders and the building officials inspected the
forms prior to pouring the foundation. While a reasonable effort was put forth to
ensure the building would be in the proper location, the physical circumstances or
conditions applicable to the property obscured the reality of the situation until the
as -built survey was done after the building was completed.
17.66.050 A.2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Strict application of the zoning ordinances would deprive the property owner of a
reasonable use of the land. Because the structure has already been built with the
recognized 4.5 foot encroachment (due to construction errors noted in other
findings) it will not be a simple matter to cut 4.5 feet of the building away without
compromising the entire garage addition.
17.66.050 A.3. The granting of the variance will not result in material damages or
prejudice to other properties in the vicinity nor be detrimental to the public's health,
safety and welfare.
From the evidence presented it does not appear that the granting of the variance
will result in a material damage to the adjoining property owners.
17.66.050 A.4. The granting of the variance will not be contrary to the objectives of
the Comprehensive Plan.
The Comprehensive Plan is a general policy guide, which does not address site -
specific standards such as setbacks.
17.66.050 A.S. That actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by the variance.
The building encroachment resulted from a field error in setting the building forms,
however the applicant/property owner relied on the builder and other parties in this
matter and did not create the special conditions or financial hardship from which
relief is being sought by variance. The applicant/property owner is asking for relief
from a mistake that someone else made. The building officials inspected and
allowed the foundation to be poured so that it appears that a reasonable effort was
made by all parties to ensure the building was properly located within the required
setbacks.
17.66.050 A.6. That the granting of the variance will not permit a prohibited land
use in the district involved.
The granting of the variance will not permit a prohibited land use in the R -2 Two
Family Residential Zoning District.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend,
Lynch, Oswalt, Abell
The Mayor announced "any person aggrieved by a final decision of the Board of
Adjustment under this chapter may appeal that decision to the Superior Court within
thirty (30) days of the decision. An appeal to Superior Court shall be heard solely on
the record before the board of adjustment or its hearing examiner and the
commission. The appeal procedure shall be governed by the rules set forth in part
six of the Rules of Appellate Procedure of the State of Alaska. The findings of the
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 422
Board of Adjustment shall not be reversed, if in light of the whole record they are
supported by substantial evidence."
14. EXECUTIVE SESSION
A. Review of a Legal Opinion on the Role of the Architectural Review Board and
Assembly on Final Selection of a Design Firm.
FRIEND moved to convene into executive session to review a legal opinion on the
role of the Architectural Review Board and Assembly on final selection of a design
firm, a matter that qualifies for executive session as a potential or pending litigation
to which the borough may become or is a party, seconded by BRANSON.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE; Friend, Lynch,
Oswalt, Branson (Ayes), Abell (No)
Assembly member Oswalt changed his vote to no.
MOTION FAILED THREE TO TWO; Friend, Lynch, Branson (Ayes), Abell, Oswalt
(Nos)
15. CITIZENS' COMMENTS — None.
16. ASSEMBLY MEMBER COMMENTS
Assembly member Abell would like the Assembly discuss about Borough land and
comprehensive plan for properties close to the City boundaries. He would like to
know the different land the Borough has and their purposes, i.e., KANA field. He
would also like to have the information regarding the specifications of the baler
metal compactor.
In response to Assembly member Branson, Clerk Javier noted that the review of
the legal opinion on the role of the Architectural Review Board and Assembly on
final selection of a design firm could be placed on the next regular meeting agenda
as one of the Other Items. Assembly member Branson thanked Borough
employees Jessica Kepley, Robert Briles, and Teresa Medina for their
contributions to the Borough. She also commended Sarah Thayer's suggestion
about providing free CPR and First Aid classes.
Assembly member Oswalt reiterated his concern of abandoned vehicles. He
questioned the Borough's process in taking care of trashed vehicles and would like
to hear a solution by the next meeting.
Assembly member Lynch congratulated Jessica Kepley on being Employee of the
Quarter. She also had attended the ARB meetings and read a statement reporting
that she felt there was a communication gap between ARB Board, consultants,
and staff. She felt that the group needed to establish procedures, roles, and
timelines that are reasonable for the ARB to follow. They have hired the best
consultants and it was most important to keep the projects moving. She was
concerned that the projects will not break ground and the costs attached will
continue to rise. She felt strongly that the guidelines for the ARB needed to be
refined.
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 423
17. ADJOURNMENT
BRANSON moved to adjourn the meeting, seconded by FRIEND.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt,
Abell, Branson, Friend
The meeting adjourned at 9:53 p.m.
Ara
Nova" M. Javier, CMC, Bor
ugh Clerk
KODIAK ISLAND BOROUGH
ATTEST: me M. Selby,
Approved: 09/20/2007
ayor
Kodiak Island Borough Assembly Minutes
August 2, 2007 Page 424