11/06/2008 Regular MeetingKODIAK ISLAND BOROUGH
Assembly Regular Meeting
November 6, 2008
A regular meeting of the Kodiak Island Borough Assembly was held Thursday, November 6,
2008 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 Captain John Quinn of the Salvation Army. Mayor Selby led the
Pledge of Allegiance.
Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp,
Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were
Manager Rick Gifford, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
APPROVAL OF AGENDA AND CONSENT AGENDA
BRANSON moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular meeting minutes of August 21, 2008, September 18, 2008, and October 16, 2008
were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Mayor Selby presented Student of the Month Awards to Jeridiah Thomas who is enrolled full
time in the KIBSD Correspondence Program, and Justin Anderson, a junior at Ouzinkie School.
Mayor Selby congratulated Senior Citizens of Kodiak, Inc. on their national accreditation
achievement and 35 anniversary, and encouraged the community to join in the celebration on
Saturday, November 8, 2008 from 2 p.m.— 5 p.m. at the Kodiak Senior Center.
CITIZENS' COMMENTS
Jim Graham, Vice President of Brechan Enterprises, read into the record the letter addressed to
Manager Gifford from Mike Brechan regarding the "B Tracts" gravel pit leases. He requested the
Assembly to authorize Manager Gifford to continue negotiations with Brechan Enterprises to
solidify the leases.
COMMITTEE REPORTS
Assembly member Branson requested that the Assembly meet with architects to review the
location and plans for a possible new care center. Mayor Selby requested this item be added at
a future Assembly work session.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 601
PUBLIC HEARING
A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of
Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's.
BRANSON moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board
Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License
#3548 to Angelo's.
For the transfer of ownership of liquor licenses, the borough followed KIBC 5.01.030 - New
license and transfer procedure.There were no trouble reports and no Borough interest can be
protected by protesting the transfer. 148 public hearing notices were sent out. Returned notices
were provided to the Assembly.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
Assembly member Fulp spoke in support of the transfer.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey,
Kaplan, Lynch, and Stutes.
B. Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as
Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and
Personnel, Chapter 2.39 Boards and Commissions.
JEFFREY moved to adopt Ordinance No. FY2009 -07.
All boards, committees, and commissions established under this chapter, with the exception of
those mandated by state law, shall terminate by operation of law three years from the date of
passage of this section, unless affirmatively reestablished or continued by the assembly for a
period not to exceed three years. Any newly created board, committee, or commission shall be
subject to the provisions of this section. Prior to the termination, continuation, or
reestablishment, the clerk shall publish a notice of termination sixty (60) days prior to the
termination, and the assembly shall hold a public hearing, receiving testimony from the general
public and members of the board, committee, or commission. In said hearing, the board,
committee, or commission shall have the burden of demonstrating a public need for its
continued existence.
A. A determination as to whether a board, committee, or commission has demonstrated a
public need for its continued existence shall take into consideration the following factors:
1. the extent to which a board, committee, commission or program has operated in the
public interest;
2. the extent to which a board, committee, or commission has recommendations which are
generally of benefit to the public interest;
3. the extent to which a board, committee, or commission has encouraged interested
persons to report to it concerning the effect of its decisions on the effectiveness of
service, and availability of service which it has provided;
4. the extent to which the board, committee, or commission has encouraged public
participation in the making of its decisions; and
5. the efficiency with which public inquiries or complaints regarding the activities of the
board, committee, commission or agency filed with it, with the department to which a
board, committee, or commission is administratively assigned, have been processed and
resolved.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 602
The following are the boards established under this chapter:
Chapter 2.12
Chapter 2.41
Chapter 2.42
Chapter 2.43
Chapter 2.45
Chapter 2.49
Chapter 2.53
Personnel Advisory Board
Emergency Services Council
Kodiak Economic Development Commission
Parks and Recreation Committee
Architectural /Engineering Review Board
Arts Council Advisory Committee
Solid Waste Advisory Board
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
In response to Assembly member Friend's inquiry about the review of the Kodiak Economic
Development Commission, Manager Gifford reported that he was having discussions with
Debra King and would have an amendment that reflected what the Assembly was presently
doing in the next couple of months.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, Stutes, and Branson.
C. Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16,
Lot 12 From R1- Single Family Residential To B- Business Zoning District (Case No. 08 -21.)
FRIEND moved to adopt Ordinance No. FY2009 -08.
The Community Development Department received this case in 2008. It was combined with a
number of other Larsen Bay Community cases that were taken into consideration when the
Planning and Zoning Commission traveled to the community of Larsen Bay in May 2008 and
again September 2008 to hold public hearings on this request for a rezone from R -1 Single
Family Residential zoning district to the B- Business zoning district.
After the September 20, 2008 public meeting and after receiving community public testimony,
the Planning and Zoning Commission forwarded the case to the Borough Assembly
recommending a rezone of the parcel from R1- Single Family Residential to B- business
consistent with the newly adopted Comprehensive plan. The "findings of fact" supporting the
Commission's decision was incorporated in the packet. In addition, materials reviewed by the
Commission were also included for Assembly consideration. Nine public hearing notices were
sent out on October 20, 2008.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch,
Stutes, Branson, and Friend.
D. Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1,
Lots 1 And 3 From R1- Single Family Residential To B- Business District (Case No. 03 -011.)
STUTES moved to adopt Ordinance No. FY2009 -09.
The Community Development Department received this rezone case in 2003. It was tabled by
the Planning and Zoning Commission until after the completion of the Borough's
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 603
Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning
Commission traveled to the community of Larsen Bay in May 2008 and again September 2008
to hold public hearings on this request. These parcels operated as the Larsen Bay Lodge in one
form or another for an extended period of time. After the September 20, 2008 public meeting
and after receiving significant community public testimony, the Planning and Zoning
Commission forwarded the case to the Borough Assembly with the recommendation to approve
the request for rezoning. The "findings of fact" supporting the Commission's decision was
incorporated in the packet. Materials reviewed by the Commission were also included for
Assembly consideration.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes,
Branson, Friend, and Fulp.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• Construction of the pool and community health clinic are approximately 50% complete
and work is on schedule.
• The City Fire Station started an ambulance ride -along program to provide additional
training for Bayside EMS First Responders. City and Bayside Fire Stations have also
started training for hazardous material responses on the road systems. Coast Guard and
Women's Bay Fire Departments will participate in the future.
• Department of Education and Early Development completed their capital improvement
projects for 2010 which was a major maintenance grant funded by the legislature. It is
listed as No. 3 this year and should be funded approximately 75% reimbursement for
seismic projects.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby acknowledged Manager Freed and Manager Gifford for their efforts in working with
the fire departments and bringing about a cohesive and cooperative management. He sent his
condolences to Norm Sutliff's family and recognized his many contributions to the community of
Kodiak.
NEW BUSINESS
Reorganization of the Kodiak Island Borough Assembly
1. Election of Deputy Presiding Officer
Mayor Selby opened the nominations.
JEFFREY moved to nominate Assembly member Branson as Deputy Presiding Officer.
FRIEND moved to close nominations.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, Stutes, and Branson.
STUTES moved to cast a unanimous ballot for Assembly member Branson as Deputy Presiding
Officer.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, and Stutes.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 604
Contracts
1. Contract No. 2004-61C Legislative Consultant for the Kodiak Island Borough During the
2009 and the 2010 Legislative Sessions.
FRIEND moved to authorize the manager to execute Contract No. 2004 -61 C with Hickey &
Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of
January 1, 2009 to December 31, 2010.
The Agreement for lobbying services between Kodiak Island Borough and Hickey & Associates
expires on December 31, 2008. KIBC 3.16.070 A states that competitive bids are not required
for professional contracts. At the end of this year, Mr. Hickey will have worked for the Borough
eight years. This contract is the same contract as the last one in the annual amount of $40,000.
Assembly member Branson spoke in support of renewing Mr. Hickey's contract with the Kodiak
Island Borough.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson,
Friend, Fulp, and Jeffrey.
Resolutions
1. Resolution No. FY2009 -10 Supporting Governor Palin's Proposal to Ameliorate the Effects
of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long -
Term Commitments From the Governor and the Legislature by Appropriating Funds to
Encourage the Use of Public Transportation.
BRANSON moved to adopt Resolution No. FY2009 -10.
The resolution was requested by Assembly member Branson. The resolution stated that the
Borough Assembly recommended and encouraged the Legislature to appropriate $200 million
to establish a transit trust fund, the proceeds of which would provide ongoing operating dollars
to public and coordinated transit operations throughout Alaska. The Assembly also
recommended and encouraged the Legislature to explore changes to the pupil transportation
funding requirements that would allow blending of public and pupil transit systems to achieve
economies of scale.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend,
Fulp, Jeffrey, and Kaplan.
Ordinances for Introduction
1. Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US
Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.)
JEFFREY moved to adopt Ordinance No. FY2009 -10 in first reading to advance to public
hearing on December 4, 2008.
With the rezoning of Tract F to LI —Light Industrial Zone, the development occurring at the
Trident Basin Seaplane base, upland and tideland, would fall within one zoning district LI -Light
Industrial District. The city's upland development of this area was allowed to occur under a
conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial allows for
a number of uses that are not permitted in the C- Conservation district. Such a rezone is
consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 605
Commission recommended approval of this request after conducting a public meeting and
composed findings of fact for their decision.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp,
Jeffrey, Kaplan, and Lynch.
2. Ordinance No. FY2009 -11 Rezoning a Tract Of Land in The Larsen Bay Townsite Legally
Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business
District (Case No. 03 -011.)
FRIEND moved to adopt Ordinance No. FY2009 -11 in first reading to advance to public hearing
on December 4, 2008.
The Community Development Department received the rezone case in 2003. It was postponed
by the Planning and Zoning Commission until after the completion of the Borough's
Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning
Commission traveled to the community of Larsen Bay in May of 2008 and again in September to
hold public hearings on this request. There were a number of parcels requested in this rezone.
After public testimony, the commission only recommended one of the lots. The parcel is where
the existing Uyak Bay Lodge is presently located. The applicant was in agreement with the
Commission's decision. After the September 20, 2008 public meeting in Larsen Bay and after
receiving significant community public testimony, the Planning and Zoning Commission
forwarded the case to the Borough Assembly with the recommendation to approve Larsen Bay
Townsite, Tract A, Block 3, Lot 1 request for rezone. The Commission's "findings of fact"
supporting its decision had been incorporated into an ordinance prepared for the Assembly. The
materials reviewed by the Commission were also included with this case packet for Assembly
consideration.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey,
Kaplan, Lynch, and Stutes.
3. Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15
Buildings And Construction To Standardize The Kodiak Island Borough And The City Of
Kodiak Building Codes.
JEFFREY moved to adopt Ordinance No. FY2009 -12 in first reading to advance to public
hearing on December 4, 2008.
The Kodiak Island Borough and the City of Kodiak operate a combined building inspection
program and agreed to coordinate the building codes adopted by each of the local governments
in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City
committee met to review the building codes adopted by the Borough and City, and that
committee recommended the Borough Assembly and City Council adopt updated versions of
the building and fire codes.
In response to Assembly member Fulp's question, Manager Gifford reported that the City and
Borough's code are both revised for uniformity.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, Stutes, and Branson.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 606
F
Other Items
1. Assembly Review of Case 03 -016 Denial of Rezone of Larsen Bay Townsite Subdivision,
Tract A, Block 19, Lot 4 From R1- Single Family Residential To B- Business and Direct Staff
to Prepare an Ordinance for Introduction.
FRIEND moved to direct staff to prepare an ordinance for introduction to rezone Larsen Bay
Tract A, Block 19, Lot 4 from R1- Single Family Residential District to B- Business District.
The Planning and Zoning Commission, at its special meeting in Larsen Bay on September 20,
2008 adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of
Larsen Bay Tract A, Block 19, Lot 4 from the R1- Single Family Residential district to the B —
Business district. In their findings of fact, the commission cited the following reasons for their
denial recommendation:
• The nature and scale of potential Business zoned uses on this parcel was not consistent
with the current residential character of the area.
• A rezone to B- Business would create additional commercial development that would
require additional resources from the City's limited infrastructure that had been found by
the state of Alaska to be substandard.
• The scale and the present use of the property was more suited to a "Bed and Breakfast"
establishment that is allowed in this district if the landowner connected the two
structures.
• Denial of this request was based upon conditions currently existing in the community
which may be expected to change some time in the future when the community is better
able to support on a sustainable basis further commercial development. At that time, the
parcel should be reexamined for its B- Business potential.
• Also considered was the resolution adopted by the Council of the City of Larsen Bay
requesting a "halt" to future building in Larsen Bay because the city's infrastructure was
presently "over taxed ".
In response to Assembly member Fulp's question, Bud Cassidy Director of Community
Development, reported that this was the Fox Tail Lodge and that to be in compliance, they
would need to join the two buildings together and would be considered a bed and breakfast.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes,
Branson, and Friend.
2. Declaring a Seat Vacant on the Planning and Zoning Commission. This item was approved
under consent agenda.
A letter of resignation from Mr. Gary Juenger was received by the Clerk's office on October 7,
2008 requesting the Assembly to accept his resignation from the Planning and Zoning
Committee. Mr. Juenger served on the Commission since 2005.
3. Declaring a Seat Vacant on the Solid Waste Advisory Board. This item was approved
under consent agenda.
A letter of resignation from Ms. Freya Holm was received by the Clerk's office on October 10,
2008 requesting the Assembly to accept her resignation from the Solid Waste Advisory Board.
Ms. Holm served on the Board since 2007.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 607
4. Declaring a Seat Vacant on the Monashka Bay Road Service Area Board. This item was
approved under consent agenda.
Mr. Mark Withrow and Mr. Chaz Glagolich each received four write -in votes at the last election.
Drawn by lot, Mr. Withrow was voted in to the seat. He declined to assume the duties and
submitted a letter of declination.
5. Kodiak Island Borough Assembly 2009 Meeting Schedule. This item was approved under
consent agenda.
The Assembly approves the meeting schedule for the upcoming year and was provided a
recommended meeting schedule per Borough Code guidelines.
The January schedule is what the Assembly approved on December 6, 2007.
KIBC 2.30.030 (A) Types of meetings - Regular Meeting. The assembly shall meet in the borough
assembly chambers, in the borough administration building, Kodiak, Alaska, and are to
commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and
place as may be designated in the notice of the meeting. Public notice of changed meetings
shall be made in at least one newspaper of general circulation in the borough. Meetings shall
adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the
assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two -
thirds vote of the assembly, except the meeting shall be extended to set the time and place for
resumption of the meeting.
6. Accepting a Grant for the Seismic Upgrade of Peterson Elementary School and Authorizing
the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and
Emergency Management.
BRANSON moved to accept a grant for the Seismic Upgrade of Peterson Elementary School
and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland
Security and Emergency Management.
The purpose of the request was to accept a grant in the amount of $540,508 from the Division of
Homeland Security and Emergency Management for the Seismic Upgrade of Peterson
Elementary School (1946 Portion.) The seismic vulnerability evaluation of the KIBSD Schools
(G &E Engineering Report) identified the 1946 portion of the school as seismically vulnerable.
The money originated from FEMA but was managed by the State.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes,
Branson, Friend, and Fulp.
CITIZENS' COMMENTS - None.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes congratulated the students of the month. She also congratulated
Kodiak Senior Citizens and Pat Branson on their national accreditation.
Assembly member Friend congratulated students of the month and the Kodiak Senior Citizens
Center and their accomplishments. In response to his question as to the status of Tract B leases
and negotiations with Brechan Enterprises, Mayor Selby reported that Manager Gifford would
provide the Assembly with additional information at the next work session.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 608
Assembly member Fulp reported on her recent travels to Monterey, California. She expressed
her excitement about the new convention center in Anchorage.
Assembly member Branson congratulated the students of the month, acknowledged the
updates on the new pool, community health clinic, cooperation of fire departments, and the
seismic grant. She thanked the assembly for its vote of confidence in electing her as presiding
officer. She also invited the community to the senior citizens anniversary party.
Assembly member Jeffrey congratulated the students of the month, Kodiak Senior Citizens, and
offered condolences to Norm Sutliff's family. In response to her question about the status of the
Mission Road repairs, Manager Gifford reported that the intent to award was given to Brechan
Enterprises and would be maintained for the winter and reconstructed in the spring.
Assembly member Kaplan congratulated the students of the month, senior citizens staff and
board on their anniversary and accreditation, and Manager Gifford and staff for the seismic
grant.
Assembly member Lynch congratulated the students of the month and senior citizens. She also
congratulated Community Development and Planning and Zoning Commission for their work in
upgrading and enforcement of our comprehensive plan. She expressed that the Brechan
Enterprises' letter raised very good discussion points.
Announcements
The Mayor and Assembly Members would be travelling to Ketchikan, Alaska, November 9 -14,
2008 to attend the Newly Elected Officials /Alaska Municipal League Conference.
The Borough Offices would be open Monday, November 10 and Wednesday, November 12
from 10 a.m. to 2 p.m. and closed Tuesday, November 11 in observance of the Veteran's Day
Holiday.
The Assembly work session for November 13 and regular meeting for November 20 were
cancelled. The next work session was scheduled on Tuesday, December 2 at 7:30 p.m. in the
Borough Conference Room and the regular meeting was scheduled on Thursday, December 4
at 7:30 p.m. in the Borough Assembly Chambers.
Executive Session
JEFFREY moved to convene into executive session to discuss Evaluation of the Professional
Legal Services of the Borough Attorney which qualifies for executive session under any matter
which would tend to defame or prejudice the character or reputation of any person.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson,
Friend, Fulp, and Jeffrey.
Mayor Selby invited the Assembly members, Manager, Borough Clerk, and Borough Attorney
to join in executive session.
Mayor Selby recessed the regular meeting at 8:45 p.m. and convened the executive session.
Mayor Selby reconvened the regular meeting at 9:25 p.m.
No action was taken as a result of the executive session.
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 609
ADJOURNMENT
BRANSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend,
Fulp, Jeffrey, and Kaplan.
The meeting adjourned at 9:30 p.m.
ATTEST:
NovaiVi Javier, CMC, porough Clerk
KODIAK ISLAND BOROUGH
er'me M. Selby, Ma
Approved: December 4, 2008
Kodiak Island Borough Assembly Minutes
November 6, 2008 Page 610