2007-08-16 Regular MeetingKodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, August 16, 2007, 7:30 p.m., Assembly Chambers
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA AND CONSENT AGENDA
All items listed with an asterisk ( *) are considered to be routine and non - controversial by
the Assembly and will be approved by one motion. There will be no separate discussion
of these items unless an Assembly member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the
agenda.
5. APPROVAL OF MINUTES
A. *Kodiak Island Borough Regular Meeting of July 5, 2007 and Special Meeting of July
19, 2007.
6. AWARDS AND PRESENTATIONS — None.
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General Comments
8. COMMITTEE REPORTS
A. Providence Kodiak Island Medical Center Update — Don Rush, Administrator
PUBLIC HEARING
A. 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.
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.
10. BOROUGH MANAGER'S REPORT
11, MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. Contracts — None.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12, Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2
Resolutions
4 Resolution No. FY2008 -05 Accepting the Assignment of the City of Kodiak's
1 , Interest in Lot 2, U.S. Survey 2538 to the Kodiak Island Borough for Pool
Purposes.
C. Ordinances for Introduction
1. Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed
Properties From 2005 and Prior Tax years, Establishing intention to Surplus and
Sell the Same, Finding That a Public Need Does Not Exist for These Properties,
and Authorizing Land Sale Number Sixteen's Terms and Conditions.
D. Other Items — None.
14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
15. ASSEMBLY MEMBERS' COMMENTS
16. ADJOURNMENT
17. INFORMATIONAL MATERIALS (No Action Required)
A. Minutes of Other Meetings — None.
B. Reports
1. Kodiak Island Borough July 2007 Financial Report.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2
8. COMMITTEE REPORTS
A. Providence Kodiak Island Medical Center Update — Don Rush, Administrator
9. PUBLIC HEARING
A. 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.
Recommended motion: Move to adopt Ordinance No. FY2008 -04.
Staff Report — Manager Gifford.
Open public hearing.
Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736.
Please ask speakers to sign in and state their name for the record.
Comments are limited to five minutes per speaker.
Close public hearing.
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
B. 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.
Recommended motion: Move to adopt Ordinance No. FY2008 -05.
Staff Report — Manager Gifford.
Open public hearing.
Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736.
Please ask speakers to sign in and state their name for the record.
Comments are limited to five minutes per speaker.
Close public hearing.
Assembly discussion and amendments may be offered at this time.
Clerk's Note: Attached on green paper is the version with the proposed amendment.
Recommended motion: Move to amend Ordinance No. FY2008 -05 by inserting
the words "first responder" before emergency medical services in the entire
ordinance.
ROLL CALL VOTE ON MOTION TO AMEND.
Kodiak Island Borough Assembly Guidelines
August 16, 2007 Page 2
ROLL CALL VOTE ON MAIN MOTION AS AMENDED.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. CONTRACTS — None.
B. RESOLUTIONS
1. Resolution No. FY2008 -05 Accepting the Assignment of the City of Kodiak's Interest
in Lot 2, U.S. Survey 2538 to the Kodiak Island Borough for Pool Purposes.
Recommended motion: Move to adopt Resolution No. FY2008 -05.
Staff report — Manager Gifford.
Assembly discussion. Amendments may be offered at this time.
ROLL CALL VOTE ON MOTION
C. ORDINANCES FOR INTRODUCTION
1. Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties
From 2005 and Prior Tax years, Establishing Intention to Surplus and Sell the Same,
Finding That a Public Need Does Not Exist for These Properties, and Authorizing
Land Sale Number Sixteen's Terms and Conditions.
Recommended motion: Move to adopt Ordinance No. FY2008 -03 in first
reading to advance to public hearing on September 6, 2007.
Clerk's note: Attached on blue paper is a corrected version of the ordinance.
Manager Gifford will explain the corrections in his staff report.
Staff report — Manager Gifford.
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
D. OTHER ITEMS — None.
Kodiak Island Borough Assembly Guidelines
August 16, 2007 Page 3
14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
A. Agenda Items not scheduled for public hearing and general comments.
Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736.
Please ask speakers to sign in and state their name for the record.
15. ASSEMBLY MEMBER COMMENTS
Announcements — Mayor Selby.
The next regular work session of the Assembly is scheduled on Thursday, August 30,
2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the
Assembly is scheduled on Thursday, September 6, 2007 at 7:30 p.m. in the Borough
Assembly Chambers.
17. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION
Kodiak Island Borough Assembly Guidelines
August 16, 2007 Page 4
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KODIAK ISLAND BOROUGH
ASSEMBLY MEETING
Regular Meeting of:
Please print your name
Ep&/o
Please print your name
A 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 ONE MOTION TO APPROVE THE CONSENT AGENDA CARRIED
UNANIMOUSLY
The following items w `` approved under consent agenda:
• Kodiak Island rough Regular Meeting of May 17, 2007.
• Contract No. 2008 -01 Economic Development Services for FY2008 Between the
Kodiak Island rough and Kodiak Chamber of Commerce.
• Contract No, 2008 -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 Centerfor 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 1
COMMITTEE REPORTS - None.
PUBLIC HEARING
A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of
Tony's Bar Liquor License, Be ''erage 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 Atkirhs, 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 notiq'es 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 sOpport 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
July 5, 2007
Assembly Minutes
Page 2
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 3
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 4
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 5
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 6
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 7
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 8
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.
ATTEST: Jerome M. Selby, Mayor
Nova M. Javier, CMC, Borough Clerk Approved:
KODIAK ISLAND BOROUGH
Kodiak Island Borough Assembly Minutes
July 5, 2007 Page 9
KODIAK ISLAND BOROUGH
Special Assembly Meeting
July 19, 2007
A special meeting of the Kodiak Island Borough Assembly was held July 19, 2007in the
Borough Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The
meeting was called to order at 8:20 p.m.
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 Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
CITIZENS' COMMENTS
Stephen Taufen thanked the Assembly for its efforts in the Kodiak Fisheries Advisory
Committee.
Dale Rice, Womens Bay Fire Chief, supported continuing the emergency first responder
service.
Lisa Booch expressed her concern about the lapse of first responder services during the
summer months. She wanted to see the Borough work an agreement with the City of Kodiak.
Nichole A. Whittle agreed with Ms. Booch regarding a temporary agreement for the lapse in
the emergency first responder service.
Sarah Thayer phoned in support of option #2 for providing the emergency medical services.
CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. PUBLIC HEARING
Ordinance No. FY2007 -15A Amending the Kodiak Island Borough Code of Ordinances
Title 2 Administration and Personnel, Chapter 2.53 Solid Waste Advisory Board.
BRANSON moved to amend the Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel, Chapter 2.53 Solid Waste Advisory Board, seconded by
FRIEND.
Manager Gifford 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 borough residents, inclusive of the City of Kodiak, who represent a cross section of
the social and economic structure of the community. Preferably, two out of the seven seats
shall be designated to representatives from the construction and retail business community.
There will be four non - voting ex- officio members, one of which shall be an assembly member
appointed by the mayor; and one shall be a KIB staff member appointed by the manager; one
shall be representative from the United States Coast Guard; and one city of Kodiak staff
member appointed by the city manager. Each ex- officio member may participate in all
discussions.
Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public
hearing.
Kodiak Island Borough Special Meeting Minutes
July 19, 2007 Page 1
Assembly member Jeffrey was pleased to see the number of people interested in serving on
the SWAB Board.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey,
Lynch, Oswalt, Williams
B. ORDINANCE FOR INTRODUCTION
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.)
WILLIAMS moved to adopt Ordinance No. FY2008 -02 in first reading to advance to public
hearing on August 2, 2007, seconded by BRANSON.
Manager Gifford reported this case was considered at a public hearing of the Planning and
Zoning Commission on June 20, 2007: the Commission adopted the following findings in
support of its recommendation. The RR2 -Rural Residential Two Zone is consistent with the
objectives of 1997 Port Lions Comprehensive Development Plan and the preference for
development is in favor of rural residential use, and residential development consistent with
the RR2 -Rural Residential Two classifications would not unduly burden existing public
infrastructure.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey,
Lynch, Oswalt, Williams, Abell
C. Resolution No. FY2008 -03A Amending Resolution No. FY2008 -03 to Appoint an
Additional Member to the Kodiak Fisheries Advisory Committee.
JEFFREY moved to adopt Resolution No. FY2008 -03A, seconded by WILLIAMS.
Manager Gifford reported the City Council appointed Mr. Berns to this seat on July 12. He
requested that the Assembly amend Resolution No. FY2008 -03 to appoint Mr. Hunter as an
additional member representing the salmon /herring net vessels interest group on the
committee.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt,
Williams, Abell, Branson
ADJOURNMENT
BRANSON moved to adjourn the meeting, seconded by JEFFREY.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt,
Williams, Abell, Branson, Friend
The special meeting adjourned at 8:35 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
Nova M. Javier, CMC, Borough Clerk Approved:
Kodiak Island Borough Assembly Minutes
July 19, 2007 Page 2
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 16, 2007 REGULAR MEETING
ITEM NO. 9.A
TITLE:
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.
SUMMARY:
The following are the regulatory and quasi - judicial boards and commission 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 will be removed from the list of those who receive
compensation.
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -04.
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -04
Introduced by: Manager Gifford
Requested by: Borough Assembly
Drafted by: Borough Clerk
Introduced: 08/02/2007
Public Hearing: 08/16/2007
Adopted:
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING KIB CODE CHAPTER 2 ADMINISTRATION AND PERSONNEL TO
INCREASE THE MAYOR, ASSEMBLY, REGULATORY AND QUASI- JUDICIAL
BOARDS AND COMMISSIONS' COMPENSATION
WHEREAS, the borough code currently provides that the mayor, assembly members,
commissioners, and other regulatory and quasi - judicial boards receive compensation;
and
WHEREAS, the compensation for the mayor has not changed since the enactment of
Ordinance No. 98 -02; and
WHEREAS, the compensation for the assembly members has not been changed since
the enactment of Ordinance No. 88 -14; and
WHEREAS, the compensation for planning and zoning commissioners has not been
changed since enactment of Ordinance No. 82 -17; and
WHEREAS, the compensation for regulatory and quasi - judicial boards such as the
personnel review board, the board of equalization, and such others has not been
changed since enactment of Ordinance No. 78 -23; and
WHEREAS, the personnel review board is now called the personnel advisory board
which is a non - regulatory or quasi - judicial board and should be removed from the list;
and
WHEREAS, the assembly appropriated sufficient funds in the fiscal year 2008 budget to
provide for an increase in the monthly allowance paid to the above mentioned boards;
NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH that
Section 1: This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Section 2: KIB Code Chapter 2 Administration and Personnel be amended as follows:
Kodiak Island Borough Page 1 of 2
2.10.030 Compensation for regulatory quasi-judicial boards and commissions.
A. Members of regulatory and quasi - judicial boards and commissions shall receive
compensation in the amount of fifty one hundred dollars ($59100) per ion
meeting attended, with the exception of the planning and zoning commission, which
shall receive erne two hundred dollars ($400200) per month.
Work sessions are not considered for compensation.
B. Regulatory and quasi - judicial boards and commissions include the planning and
zoning commission, , the board of equalization, and such
others as the assembly may designate by ordinance.
2.15.070 Miscellaneous.
A. Compensation and expenses.
1. the mayor's compensation shall be few five hundred dollars ($400.)0500) per
‹— month. The mayor may be included in the borough health and life insurance plan.
2. expenses of the mayor, other than transportation and per diem for approved
i travel, incurred because of borough activities may be reimbursed by the borough
7 "'' only after approval by the assembly.
2.17.100 Miscellaneous.
E. Compensation and expenses.
1. assembly members shall receive ene three hundred dollars ($400300) per
reg meeting month. Assembly members may be included in the borough health and
life insurance plan.
2.39.060 Compensation. No member shall be compensated for services, with the
exception of the planning and zoning commission, which shall receive one two hundred
dollars ($400200) per on month and the board of
equalization, which shall receive fifty one hundred dollars ($50100) per
meeting attended. Work sessions are not considered for compensation.
SECTION 3. That this ordinance shall be retroactive July 1, 2007.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Borough Mayor
Nova M. Javier, CMC, Borough Clerk
Kodiak Island Borough Page 2 of 2
TITLE:
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.
SUMMARY:
Kodiak Island Borough Code sections 4.05.010 and .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.
FISCAL NOTES:
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA:
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 16, 2007 REGULAR MEETING
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -05.
ITEM NO: 9.B
PROPOSED AMENDMENT
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -05
Introduced by: Manager Gifford
Requested by: Assembly
Drafted by: Borough Attorney
Introduced: 08/02/2007
Public Hearing: 08/16/2007
Adopted:
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 4 SERVICE AREAS TO MODIFY CHAPTERS 4.50, 4.80 AND 4.120 TO
PERMIT THE DELIVERY OF FIRST RESPONDER EMERGENCY MEDICAL SERVICES
WITHIN THOSE FIRE PROTECTION AREAS
WHEREAS, 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; and
WHEREAS, the Assembly wishes to re- establish the delivery of first responder 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); and
WHEREAS, pursuant to section 4.05.050, the Assembly makes the following findings:
A. The previous practice of providing first responder emergency medical services in the three
Borough Fire Protection Service Districts demonstrated the need for the services in each of the
three areas; that it was feasible for fire department staff, properly trained in Emergency Medical
Services, to deliver first responder emergency medical services; and that considering each
area's size, population and the facilities and services available, and that the Borough can deliver
such services; and
B. Prior practices have demonstrated that each area has the ability to pay for the services
given the value of the property in each area;
C. There have been requests from residents and property owners in each of the Women's Bay
Service Area, and Fire Protection Area No. 1 to re- establish first responder emergency medical
services in each of those two areas, and from business owners in the Airport Fire Protection
Service Area;
WHEREAS, the Assembly wishes 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; and
WHEREAS, there are no registered voters residing within the Airport Fire Protection Service
Area;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1:
Subject to section 4.05.060 of the Kodiak Island Borough Code, this ordinance is
of a general and permanent nature and shall become a part of the Kodiak Island
Borough Code of Ordinances.
Kodiak Island Borough Page 1 of 3
PROPOSED AMENDMENT
Section 2: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by
modifying Chapters 4.50, 4.80 and 4.120 as follows:
4.50.010 Creation and Powers
4.80.010 Creation and Powers
4.120.010 Creation and Powers
4.50.010 Creation and Powers. The Womens Bay Service Area established pursuant to
Ordinance No. 75 -26 -0 encompasses the area described in that ordinance. Road construction
and maintenance powers ands- pr-etestiee shall be provided in the Womens Bay Service Area
along with fire protection and first responder emergency medical services, at levels established
by the assembly through fiscal appropriations.
4.80.010 Creation and Powers. Fire Protection Area No. 1 established pursuant to
Ordinance 68 -23 -0 and encompasses the area described in that ordinance. Fire protection and
first responder emergency medical services at levels established by the assembly through fiscal
appropriations, shall be provided in Fire Protection Area No. 1.
4.120.010 Creation and Powers. The Airport Fire Protection Service Area established
pursuant to Ordinance 97 -03 -0 and encompasses the area described in that ordinance. Fire
protection and first responder emergency medical services, at levels established by the
Assembly through fiscal appropriations, shall be provided in the Airport Fire Protection Service
Area.
Section 3: The following questions shall be submitted to the qualified voters residing in each
of the Womens Bay Service Area and Fire Protection Area No. 1.
A. For The Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the
provision of first responder emergency medical services as well as fire protection services in the
Womens Bay Service Area, with the cost to be borne by residents of the area ?"
B. For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision
of first responder emergency medical services as well as fire protection services in Fire
Protection Area No. 1, with the cost to be borne by residents of the area ?"
Section 4: The questions in Section 3, above, shall be presented to the voters at the next
regular election on Tuesday, October 2, 2007.
Section 5: Because there are no registered voters in the Airport Fire Protection Service
Area, the assembly finds that it is impossible to have a vote pursuant to Ch. 4.10,
and waives that requirement.
Section 6: Pursuant to Section 4.10.040, the provision of services in the service areas shall
be as follows:
A. For Womens Bay Service Area, assuming the election is certified pursuant to KIBC
7.40.020, one week thereafter.
B. For Fire Protection Area No. 1, assuming the election is certified pursuant to KIBC 7.40.020,
one week thereafter.
C. For the Airport Fire Protection Service Area, one week after the passage of this ordinance.
Kodiak Island Borough Page 2 of 3
PROPOSED AMENDMENT
Section 7: Services and Management:
A. Subject to approval in the election pertaining to it, the Womens Bay Service Area is hereby
modified to provide first responder emergency medical services including administration thereof,
and permitting the collection of the costs for the service within its areas. The delivery of first
responder emergency medical services within the Service Area shall be managed and operated
by the Kodiak Island Borough in the same manner as other Borough functions.
B. Subject to approval in the election pertaining to it, Fire Protection Area No. 1 is hereby
modified to provide first responder emergency medical services including administration thereof,
and permitting the collection of the costs for the service within its areas. The delivery of first
responder emergency medical services within the Service Area shall be managed and operated
by the Kodiak Island Borough in the same manner as other Borough functions.
C. The Airport Fire Protection Service Area is hereby modified to provide first responder
emergency medical services including administration thereof, and permitting the collection of the
costs for the service within its areas. The delivery of first responder emergency medical services
within the Service Area shall be managed and operated by the Kodiak Island Borough in the
same manner as other Borough functions.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Kodiak Island Borough Page 3 of 3
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -05
Introduced by: Manager Gifford
Requested by: Assembly
Drafted by: Borough Attorney
Introduced: 08/02/2007
Public Hearing: 08/16/2007
Adopted:
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 4 SERVICE AREAS TO MODIFY CHAPTERS 4.50, 4.80 AND 4.120 TO
PERMIT THE DELIVERY OF EMERGENCY MEDICAL SERVICES
WITHIN THOSE FIRE PROTECTION AREAS
WHEREAS, Kodiak Island Borough Code sections 4.05.010 and .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; and
WHEREAS, 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); and
WHEREAS, pursuant to section 4.05.050, the Assembly makes the following findings:
A. The previous practice of providing emergency medical services in the three Borough Fire
Protection Service Districts demonstrated the need for the services in each of the three areas;
that it was feasible for fire department staff, properly trained in Emergency Medical Services, to
deliver emergency medical services; and that considering each area's size, population and the
facilities and services available, and that the Borough can deliver such services; and
B. Prior practices have demonstrated that each area has the ability to pay for the services
given the value of the property in each area;
C. There have been requests from residents and property owners in each of the Women's Bay
Service Area, and Fire Protection Area No. 1 to re- establish emergency medical services in
each of those two areas, and from business owners in the Airport Fire Protection Service Area;
WHEREAS, the Assembly wishes 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; and
WHEREAS, there are no registered voters residing within the Airport Fire Protection Service
Area;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1:
Subject to section 4.05.060 of the Kodiak Island Borough Code, this ordinance is
of a general and permanent nature and shall become a part of the Kodiak Island
Borough Code of Ordinances.
Section 2: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by
modifying Chapters 4.50, 4.80 and 4.120 as follows:
Kodiak Island Borough Page 1 of 3
4.50.010 Creation and Powers
4.80.010 Creation and Powers
4.120.010 Creation and Powers
4.50.010 Creation and Powers. The Womens Bay Service Area established pursuant to
Ordinance No. 75 -26 -0 encompasses the area described in that ordinance. Road construction
and maintenance powers and•- fire - protection shall be provided in the Womens Bay Service Area
along with fire protection and emergency medical services, at levels established by the
assembly through fiscal appropriations.
4.80.010 Creation and Powers. Fire Protection Area No. 1 established pursuant to
Ordinance 68 -23 -0 and encompasses the area described in that ordinance. Fire protection and
emergency medical services at levels established by the assembly through fiscal appropriations,
shall be provided in Fire Protection Area No. 1.
4.120.010 Creation and Powers. The Airport Fire Protection Service Area established
pursuant to Ordinance 97 -03 -0 and encompasses the area described in that ordinance. Fire
protection and emergency medical services, at levels established by the Assembly through
fiscal appropriations, shall be provided in the Airport Fire Protection Service Area.
Section 3: The following questions shall be submitted to the qualified voters residing in each
of the Womens Bay Service Area and Fire Protection Area No. 1.
A. For The Womens Bay Service Area: "Shall KIBC 4.50.010 be amended to authorize the
provision of emergency medical services as well as fire protection services in the Womens Bay
Service Area, with the cost to be borne by residents of the area?
B. For Fire Protection Area No. 1: "Shall KIBC 4.80.010 be amended to authorize the provision
of emergency medical services as well as fire protection services in Fire Protection Area No. 1,
with the cost to be borne by residents of the area?
Section 4: The questions in Section 3, above, shall be presented to the voters at the next
regular election on Tuesday, October 2, 2007.
Section 5: Because there are no registered voters in the Airport Fire Protection Service
Area, the assembly finds that it is impossible to have a vote pursuant to Ch. 4.10,
and waives that requirement.
Section 6: Pursuant to Section 4.10.040, the provision of services in the service areas shall
be as follows:
A. For Womens Bay Service Area, assuming the election is certified pursuant to KIBC
7.40.020, one week thereafter.
B. For Fire Protection Area No. 1, assuming the election is certified pursuant to KIBC 7.40.020,
one week thereafter.
C. For the Airport Fire Protection Service Area, one week after the passage of this ordinance.
Section 7: Services and Management:
A. Subject to approval in the election pertaining to it, the Womens Bay Service Area is hereby
modified to provide emergency medical services including administration thereof, and permitting
the collection of the costs for the service within its areas. The delivery of emergency medical
services within the Service Area shall be managed and operated by the Kodiak Island Borough
in the same manner as other Borough functions.
Kodiak Island Borough Page 2 of 3
B. Subject to approval in the election pertaining to it, Fire Protection Area No. 1 is hereby
modified to provide emergency medical services including administration thereof, and permitting
the collection of the costs for the service within its areas. The delivery of emergency medical
services within the Service Area shall be managed and operated by the Kodiak Island Borough
in the same manner as other Borough functions.
C. The Airport Fire Protection Service Area is hereby modified to provide emergency medical
services including administration thereof, and permitting the collection of the costs for the
service within its areas. The delivery of emergency medical services within the Service Area
shall be managed and operated by the Kodiak Island Borough in the same manner as other
Borough functions.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Kodiak Island Borough Page 3 of 3
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 16, 2007 REGULAR MEETING
ITEM NO: 13.B.1
TITLE:
Resolution No. FY2008 -05 Accepting the Assignment of the City of Kodiak's Interest in Lot 2,
U.S. Survey 2538 to the Kodiak Island Borough for Pool Purposes.
SUMMARY:
The Kodiak Island Borough is constructing a pool facility on the back side of the Armory
property. Presently that area is leased by the State of Alaska to the City of Kodiak. The Borough
has made it a priority to construct this pool facility with the passage of over $14,210,000 of
bonds.
To acquire site control for the project, the Borough requested assignment of the City's interest in
this parcel. The City Council has made this happen with the passage of City of Kodiak
Ordinance No. 1196. This assignment transfers the City's property interest (lease) in this parcel
to the Kodiak Island Borough.
KIBC 18.10.020 states that real property interest acquired by the Borough shall be made with
the passage of a Borough resolution. This resolution may set the terms, conditions, and manner
of acquisition.
The proposed Borough resolution accepts the assignment of the City of Kodiak's real property
interest in Lot 2, U.S. Survey 2538. The Borough also accepts the terms and conditions found in
the 1965 lease as stated in the terms and conditions.
A new lease for this parcel will come before the Assembly for final approval in the near future to
reflect the language found in modern leases.
The Community Development Department recommends approval of this resolution.
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -05.
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2008 -05
Introduced by: Manager Gifford
Requested by: Assembly
Drafted by: Community
Development
Introduced: 08/16/2007
Adopted:
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
ACCEPTING THE ASSIGNMENT OF THE CITY OF KODIAK'S INTEREST IN LOT 2 U.S.
SURVEY 2538 TO THE KODIAK ISLAND BOROUGH FOR POOL PURSPOSES
WHEREAS, the City of Kodiak entered into a lease with the State Department of Military
Affairs in 1965 on the property commonly known as the backside of the "armory parcel" legally
described as Lot 2, U.S. Survey 2538 for pool and youth services; and
WHEREAS, the term of the lease was for a period of 55 years and expires in 2020 unless
extended; and
WHEREAS, the construction of a pool and youth center is now a priority of the Kodiak Island
Borough and its citizens with the passage of bonds totaling $14,210,000; and
WHEREAS, the Kodiak Island Borough is in need of "site control" to move forward with this
project; and
WHEREAS, with the passage of City of Kodiak Ordinance No. 1196, the City Council authorized
the City Manager to sign an Assignment and Assumption of Lease to the Kodiak Island Borough;
and
WHEREAS, KIBC 18.10.020 requires the Assembly by resolution to set the terms, conditions
and manner of acquisition of real property or interest therein;
NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Borough accepts the transfer and assumption of a lease of land described
as a portion of Lot 2, U.S. Survey 2538 and more particularly described in the 1965 lease
between the City of Kodiak and the Alaska Department of Military Affairs for pool purposes and
accepts the terms and conditions of said lease; and
BE FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
authorizes the manager to sign all documents to complete this transaction.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Jerome M. Selby, Borough Mayor
Kodiak Island Borough, Alaska Resolution No. FY2008 -05
Page 1 of 1
CITY OF KODIAK
ORDINANCE NUMBER 1196
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KODIAK, AUTHORIZING
THE ASSIGNMENT OF THE CITY OF KODIAK'S INTEREST IN LOT 2, U.S. SURVEY
2538, TO THE KODIAK ISLAND BOROUGH
WHEREAS, the City entered into a Lease dated December 21, 1965, (the "Lease "), as lessee,
with the State of Alaska, as lessor, with respect to a parcel of land located in the Kodiak Recording
District, Third Judicial District, State of Alaska, within USS 2538, Section 32, Township 27 South,
Range 19 West, Seward Meridian, and more particularly described as follows (the "Property "):
Commencing at the Northwest corner of the intersection of Sixth Avenue and "J"
Street; thence South 55° 17' West a distance ofFour Hundred Sixty (460) feet; thence
North 34° 43' West a distance of Four Hundred Sixty (460) feet to the True Point of
Beginning; thence North 34° 43' West a distance of Three Hundred Fifty (350) feet;
thence North 55° 17' East a distance of Two Hundred (200) feet; thence South 34° 43'
East a distance of Three Hundred Fifty (350) feet; thence South 55° 17' West to the
Point of Beginning a distance of Two Hundred (200) feet, containing approximately
1.61 acres; and
WHEREAS, the Lease provides that the Property shall be used for the purpose of construction
of a municipally owned and operated swimming pool, and city youth center, and for no other
purpose, and the Property shall be limited to that use; and
WHEREAS, on October 5, 2004, the voters of the Kodiak Island Borough (the "Borough ")
authorized the issuance of general obligation bonds of the Borough for the purpose of financing the
planning, design, and construction of a new school pool (the "Project "), and the Borough issued its
general obligation bonds for this purpose on December 1, 2005; and
WHEREAS, it is in the best interest of the City and its residents to enter into the assignment of
the City's interest as lessee under the Lease that now is before this meeting (the "Assignment "), for
the purpose of providing a site for the Project, on the terms and conditions set forth therein.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kodiak, Alaska, as
follows:
Section 1: In accordance with Kodiak City Code 18.20.030(a), the Council finds that entering into
the Assignment to the Borough of the interest of the City as lessee under the Lease dated
December 21, 1965, from the State of Alaska of the Property described above would be
in the best interests of the public. In accordance with Kodiak City Code 18.20.030(d), the
Assignment shall be exempt from all other requirements of Kodiak City Code Chapter
18.20.
Section 2: The form and content of the Assignment are in all respects authorized, approved, and
confirmed, and the City Manager hereby is authorized, empowered, and directed to
execute and deliver the Assignment to the Borough on behalf of the City, in substantially
the form and content now before this meeting but with such changes, modifications,
Ordinance Number 1196
Page 1 of 2
additions, and deletions as she shall deem necessary, desirable, or appropriate, the
execution to constitute conclusive evidence of approval of any and all changes,
modifications, additions, or deletions from the form and content of said document now
before this meeting, and from and after the execution and delivery of said document, the
City Manager is hereby authorized, empowered, and directed to do all acts and things and
to execute all documents as may be necessary to carry out and comply with the
provisions of the Assignment as executed.
Section 3: This ordinance shall be published in full within ten days after its passage.
Section 4: The Assignment authorized by this ordinance is subject to the requirements of City
Charter Section V -17. Therefore, if one or more referendum petitions with signatures are
properly filed within one month after the passage and publication of this ordinance, this
ordinance shall not go into effect until the petition or petitions are finally found to be
illegal and/or insufficient, or, if any such petition is found legal and sufficient, until the
ordinance is approved at an election by a majority of the qualified voters voting on the
question. If no referendum petition with signatures is filed, this ordinance shall go into
effect one month after its passage and publication.
ATTEST:
0 4644_ 1/
First Reading:
Second Reading:
Effective Date:
Ordinance Number 1196
Page 2 of 2
CITY CLERK
September 29, 2005
October 27, 2005
November 30, 2005
CITY OF KODIAK
AFTER RECORDING, RETURN TO:
Thomas F. Klinkner
Birch, Horton, Bittner and Cherot
1127 W. 7th Avenue
Anchorage, Alaska 99501 -3399
KODIAK RECORDING DISTRICT
ASSIGNMENT AND ASSUMPTION OF LEASE
THIS ASSIGNMENT AND ASSUMPTION OF LEASE is made this day
of October 2005, by and between the CITY OF KODIAK ( "Assignor "), an Alaska municipal
corporation, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615, and the KODIAK
ISLAND BOROUGH ( "Assignee "), an Alaska municipal corporation, whose address is 710 Mill
Bay Road, Kodiak, Alaska 99615.
WHEREAS, Assignor entered into a Lease dated December 21, 1965 (the "Lease "), as
lessee, with the State of Alaska, as lessor, with respect to a parcel of land located in the Kodiak
Recording District, Third Judicial District, State of Alaska, within USS 2538, Section 32,
Township 27 South, Range 19 West, Seward Meridian, and more particularly described as
follows:
Commencing at the Northwest corner of the intersection of Sixth
Avenue and "J" Street; thence South 55° 17' West a distance of
Four Hundred Sixty (460) feet; thence North 34° 43' West a
distance of Four Hundred Sixty (460) feet to the True Point of
Beginning; thence North 34° 43' West a distance of Three Hundred
Fifty (350) feet; thence North 55° 17' East a distance of Two
Hundred (200) feet; thence South 34° 43' East a distance of Three
Hundred Fifty (350) feet; thence South 55° 17' West to the Point of
Beginning a distance of Two Hundred (200) feet, containing
approximately 1.61 acres.
A copy of the Lease is attached as Exhibit A and incorporated by reference; and
WHEREAS, Assignor desires to assign, and Assignee desires to assume, the rights, duties
and liabilities of the lessee under the Lease, and
ASSIGNMENT AND ASSUMPTION OF LEASE Page 1 of 4
{ F: \5 05 786\39 \TFK73 7 5. DOC }
WHEREAS, the State of Alaska, as lessor, has consented to the assignment by Assignor
to Assignee of all of Assignor's right, title and interest as lessee under the Lease and to the
assumption by Assignee of all obligations under the Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby, acknowledged, Assignor assigns to Assignee all of Assignor's right, title and interest as
lessee under the Lease. Assignee assumes the Lease obligations and agrees to perform and
discharge those obligations in accordance with their terms. Assignee further agrees to indemnify
and hold Assignor harmless from and against any and all losses, claims, damages or liabilities,
including without limitation from death or injury to persons and damage to property, to which
either or both may become subject, arising out of or in connection with this Assignment and
Assignee's performance of the Lease obligations.
ASSIGNOR: ASSIGNEE:
CITY OF KODIAK KODIAK ISLAND BOROUGH
Linda Freed, City Manager
STATE OF ALASKA
) ss:
THIRD JUDICIAL DISTRICT )
Rick Gifford, Borough Manager
The foregoing instrument was acknowledged before me this day of October
2005, by Linda Freed, City Manager of the CITY OF KODIAK, an Alaska municipal
corporation, on behalf of the CITY.
STATE OF ALASKA
) ss:
THIRD JUDICIAL DISTRICT )
Notary Public in and for Alaska
My commission expires:
The foregoing instrument was acknowledged before me this day of October
2005, by Rick Gifford, Borough Manager of the KODIAK ISLAND BOROUGH, an Alaska
municipal corporation, on behalf of the BOROUGH.
ASSIGNMENT AND ASSUMPTION OF LEASE Page 2 of 4
{ F:\505786\39 \TFK7375.DOC }
Notary Public in and for Alaska
My commission expires:
ASSIGNMENT AND ASSUMPTION OF LEASE Page 3 of 4
{F: \505786\39 \TFK7375.DOC}
CONSENT OF LESSOR
The State of Alaska, as lessor under the Lease, consents to the assignment by lessee of
lessee's right, title and interest as lessee under the Lease. This consent releases lessee from any
liability or responsibility under the Lease as of the date of the assignment. Lessee will not be
responsible to lessor for any default or breach on the part of Assignee. This consent will not
waive any rights lessor may have by reason of the past performance of lessee. No provision of
this consent alters or modifies any of the terms and conditions of the Lease, including the
requirement that the written consent of lessor be obtained with respect to any future assignment
of the Lease.
LESSOR:
STATE OF ALASKA
[name and title]
STATE OF ALASKA
) ss:
THIRD JUDICIAL DISTRICT )
The foregoing instrument was acknowledged before me this day of October
2005, by , of the STATE OF ALASKA, on behalf of the
STATE.
Notary Public in and for Alaska
My commission expires:
ASSIGNMENT AND ASSUMPTION OF LEASE Page 4 of 4
(F: \5 05786\391TFK7375.DOC )
Department of Natural Resources
Division of mining, Land & Water
South Central Regional Office
Attn: Sharon Tumacder
550 W 7 Ave, Suite 900C
Anchorage, Alaska 99501
Dear Ms. Tumacder:
DEPARTMENTS OF THE ARMY AND THE AIR FORCE
AKARNG ELEMENT, JOINT FORCES HEADQUARTERS
PO BOX 5800
FORT RICHARDSON AK 99505 -5800
27 July 2006
The Department of Military & Veterans Affairs, Alaska Army National Guard (AKARNG) has
No Objection to your office issuing the City of Kodiak a new lease for a portion of Lot 2 of the Military
Reserve within US Survey #2538A, East Addition, Kodiak Townsite as long as the following covenants
are included:
1. The City of Kodiak will allow the AKARNG to use the Civic Youth Center /Pool parking lot
during training activities.
2. The City will construct a stairway and walkway from their parking lot down to the guard
armory site.
3. The AKARNG will still have the rights to use the Civic Youth Center/Pool as outlined in
Paragraph 8 of the original Lease dated 21 December 1965.
If you have any questions or require further information, please contact me at (907) 428 -6786.
Respectfully yours,
raig N/ hristensen
Brigadier General
Assistant Adjutant General, Army
Alaska Army National Guard
Printed on
Recycled Paper
map
LEASE
THIS INDENTURE of Lease, made this 21st day of December
1965, between the State of Alaska by its agents, DEPARTMENT OF MILITARY
AFFAIRS, party of the first part, hereinafter called Lessor, and the
CITY OF KODIAK, a municipal corporation, party of the second part, herein-
after called Lessee.
WITNESSETH:
That the Lessor, subject to conditions of an agreement No. DA- 95-514 -NG
between the State of Alaska and the United States Government dated 29
October 1957, does hereby lease unto the said Lessee a certain parcel of
land which is a portion of U. S. Survey No. 2538 located in the City of
Kodiak, Alaska, Third Division, State of Alaska and being more particularly
described as follows:
Commencing at the N.W. corner of the intersection of
Sixth Avenue and "J" Street; thence S. 55 17' W. a
distance of our Hundred Sixty Feet, (460'); thence
N. 34 43' W. a distance of Four Hundred Sixty Feet,
(460') to the true point of beginning; thence N. 34
43' W. a distance of Three Hundred Fifty Feet, (350');
thence N. 55 17' E. a distance of Two Hundred Feet,.
(200'); thence S. 34 43' E. a distance of Three
Hundred Fifty Feet, (350'); thence S. 55 17' W. to
the point of beginning a distance of Two Hundred Feet,
(200').
This is a rectangular tract of land containing 1.61
acres more or leas.
TO HAVE AND TO HOLD the said demised premises for a term of fifty-
five (55) years commencing on the 21st day of December
1965 and ending at 12 o'clock midnight on the 20th day of
December , 2020 , at a yearly rental of One Dollar
($1.00) per year, and other good and valuable considerations.
This lease is, however, subject to the following terms and conditions
which the parties hereto do hereby agree to fully observe, keep and perform:
1. The Lessee agrees that the property described herein is for the
purpose of construction of a municipally owned and operated swim -
wing pool, and city youth center, and for no other purpose and
the propetty so leased shall be limited to that use.
-2-
2. The Lessee agrees that it will construct at its own expense
adequate parking facilities adjacent to said pool and youth
center and under no circumstances will National Guard Property
be used by the Lessee for parking.
3. The Lessee agrees that the Lessor shall be held harmless and
free from liability of any nature in connection with the Lessee's
operation of said swimming pool and youth center or the construc-
tion thereof and that the Lessee shall maintain during the life
of this lease at his expense a Public Liability Policy protect-
ing any exposure the State may suffer due to the facility being
located upon State owned property.
4. The Lessee agrees that it will submit to the Lessor all plans
and specifications for the proposed construction of said pool
and youth center and the same shall be approved by the Lessor
before the same shall be used and the Lessee further agrees
that the Swimming Facility Building, youth center and parking
area shall be located at least seventy-five feet (75') from
the Armory Building.
5. The Lessee agrees that it will construct at its own expense a
road for use in ingress and egress to said pool and youth center
and such roadway shall not be on the property belonging to the
State of Alaska except on that property included in this Lease.
6. The Lessee agrees that it will not assign any rights acquired
by this Lease, without first obtaining the written permission
of the Lessor.
7. In consideration of the premises the Lessor hereby grants to the
Lessee the exclusive right and option to renew or extend this
lease for a further term of years to be agreed by the parties
hereto; it being agreed and understood that the option to renew
this Lease shall be exercised under the following terms and
conditions: The Lessee shall give notice to the Lessor of its
desire to renew this Lease at least six months prior to the
expiration date; it being understood that if the Lessee shall
fail to give such notice in writing then the Lessee shall for-
feit its right to exert the option to renew this Lease, at the
option of the Lessor; it also being agreed and understood that
in the event the option rights shall be exercised, the covenants
and conditions contained herein shall be binding on the parties
hereto, unless any shall be changed by mutual agreement of the
parties hereto.
8. Lessee further agrees that the Alaska National Guard shall have
use of the civic youth center and swimming pool facility for
training purposes during such times as agreed upon by the
Alaska National Guard and the City of Kodiak. At least four
hours each month shall be allotted for exclusive use by the
Alaska National Guard for training purposes.
9. It is mutually agreed between the parties hereto that this
lease may be modified or changed by mutual consent.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first hereinabbve written.
DEPARTMENT OF MILITARY AFFAIRS, CITY OF KODIAK,
LESSEE
LESSOR
By:
STATE OF ALASKA
Director, Division of Lands
-3-
Byal XIJt. f f oa ,fN-c...A,+.k_.- .
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 16, 2007 REGULAR MEETING
ITEM NO: 13.C.1
TITLE:
Ordinance No. FY2008 -03 Determining the Disposition of Tax Foreclosed Properties from
2005 and Prior Tax Years, Establishing Intention to Surplus and Sell the Same, Finding
that a Public Need Does Not Exist for These Properties, and Authorizing Land Sale
Number Sixteen's Terms and Conditions.
SUMMARY:
The Kodiak Island Borough has acquired real properties as a result of the tax foreclosure
procedure from 2005 and prior tax years.
AS 29.45.460 Disposition and sale of foreclosed property states:
(a) The municipality shall determine by ordinance whether foreclosed property deeded to the
municipality shall be retained for a public purpose. The ordinance must contain the legal
description of the property, the address or a general description of the property sufficient to
provide the public with notice of its location, and the name of the last record owner of the
property as the name appears on the assessment rolls.
(b) Tax - foreclosed property conveyed to a municipality by tax foreclosure and not required for a
public purpose may be sold. Before the sale of tax - foreclosed property held for public purpose,
the municipality, by ordinance, shall determine that a public need does not exist.
The Kodiak Island Borough Planning and Zoning Commission has reviewed the list of 2005 and
prior tax years for foreclosed properties as required by KIBC 18.10.030, has conducted a public
hearing on the disposition of the subject parcels, and has made a formal recommendation on
the parcels disposition to the Assembly that the parcels identified have been reviewed by staff
and the Commission and that the properties not be retained for public purpose.
The Kodiak Island Borough Manager has recommended the tax - foreclosed parcels listed on the
attached ordinance be declared not to be of "public need" and be offered at a future KIB land
sale. Staff is recommending a sealed bid auction be conducted. All bids must be received by the
manager's office by 4 p.m. on November 26. The bids will be opened on November 27 in the
Borough assembly chambers at 9 a.m. Bidder is to enclose a 10% deposit based on the
minimum bid amount shown in the bid packet. The remaining balance must be paid within thirty
(30) days.
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt'Ordinance No. FY2008 -03 in first reading to
advance to public hearing on September 6, 2007.
CORRECTED VERSION
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -03
Introduced by: Manager Gifford
Requested by: Manager Gifford
Drafted by: Finance Department
Introduced: 08/16/2007
Public Hearing:
Adopted:
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES FROM
2005 AND PRIOR TAX YEARS, ESTABLISHING INTENTION TO SURPLUS
AND SELL THE SAME, FINDING THAT A PUBLIC NEED DOES NOT EXIST
FOR THESE PROPERTIES, AND AUTHORIZING
LAND SALE NUMBER SIXTEEN TERMS AND CONDITIONS
WHEREAS, the Kodiak Island Borough has acquired real properties as a result of the
tax foreclosure procedure from 2005 and prior tax years; and
WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states:
(a) The municipality shall determine by ordinance whether foreclosed property
deeded to the municipality shall be retained for a public purpose. The ordinance
must contain the legal description of the property, the address or a general
description of the property sufficient to provide the public with notice of its
location, and the name of the last record owner of the property as the name
appears on the assessment rolls.
(b) Tax - foreclosed property conveyed to a municipality by tax foreclosure and not
required for a public purpose may be sold. Before the sale of tax - foreclosed
property held for public purpose, the municipality, by ordinance, shall determine
that a public need does not exist; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has
reviewed the list of 2005 and prior tax years for foreclosed properties as required by
KIBC 18.10.030, has conducted a public hearing on the disposition of the subject
parcels, and has made a formal recommendation on the parcel's disposition to the
Assembly that the parcels identified have been reviewed by staff and the Commission
and that the properties not be retained for public purpose; and
WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's
action, as required by KIBC 18.10.030; and
WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed
parcels listed below are declared not to be of "public need" and be offered at a future
KIB land sale; and
Kodiak Island Borough Page 1 of 3
CORRECTED VERSION
Last owner
PROPERTY LEGAL PHYSICAL ADDRESS
NUMBER DESCRIPTION HOUSE STREET
# NAME
Road system parcels
LOCKE ROBERT &
1 MARY R7525031042 MILLER PT BK 3 LT 4A -2 988 KRAFT WAY
2 HOEN ETAL R1040060260 ALEUTIAN BK 6 LT 26 413 WILLOW ST
3 WREN R5200004300 USS 2735 TR A MIDDLE BAY CHINIAK HWY
4 WREN WILLIAM R5700000170 ATS 899 MIDDLE BAY CANNERY NHN
5, HAMAKER DAVE R6225040110 MOUNTAIN VIEW 2ND BK 4 LT 11 2566 DEVILS PRONG
6 MOSIER LINDA R7485000118 LAKESIDE 1ST BK 1 LT 10A 2345 BEAVER LAKE DR
7 SHOOK ESTHER R1429020192 RUSSELL EST 3RD BK 2 LT 19A -2 1820A -2 LARCH ST
Remote parcels
TOLBERT
8 GORDON R5312903601 T31S R29W TL 3601 AMOOK ISLAND UYAK BAY
9 MALUTIN R5765010010 KARLUK BK 1 LT 1 NHN KARLUK
10 PORT BAILEY WILD R5200001120 USS 2292 PORT BAILEY CANNERY PORT BAILEY
11 PORT BAILEY WILD R5200001155 USS 2352 PORT BAILEY CANNERY PORT BAILEY
12 PORT BAILEY WILD R5700000050 ATS 91 PORT BAILEY CANNERY PORT BAILEY
13 SQUARTSOFF R5765050040 KARLUK BK 5 LT 4 NHN KARLUK
14 SIMEONOFF SR R5781110090 AKHIOK BK 11A LT 9A NHN AKHOIK
CHRISTIANSEN THIRD AVE, OLD
15 FRED & R5755090100 OLD HARBOR TR F BK 9 LT 1 HARBOR
PETERSON
16 TERESA R5312901103 T31S R29W TL 1103 UYAK BAY NHN LARSEN BAY
SIMEONOFF JR
17 WALTER R5781110030 AKHIOK BK 11A LT 3A NHN AKHOIK
SQUARTSOFF
18 JOAN & R5302903005 T30S R29W TL 3005 LARSEN BAY NHN LARSEN BAY
TUNOHUN LAURA
19 MAE R5755030600 OLD HARBOR TR F BK 3A LT 6A NHN OLD HARBOR
Kodiak Island Borough Page 2 of 3
CORRECTED VERSION
NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH that
Section 1: This ordinance is not of a general and permanent nature and shall not
become a part of the Kodiak Island Borough Code of Ordinances.
Section 2: The preceding properties have been acquired by the Kodiak Island Borough
by clerk's deed pursuant to tax foreclosure and have been determined that
a public need does not exist and will be sold at the next Kodiak Island
Borough Land sale.
Section 3: All sealed bid auction will be conducted. All bids must be received by the
manager's office by 4 pm on November 26. The bids will be opened on
November 27 in the Borough assembly chambers at 9 am. The highest
bidder will take ownership. Any required outcry auction will be held at this
time.
Section 4: The preceding properties numbered 10, 11, and 12 must be sold by outcry
auction to satisfy KIBC 18.20.050, which generally states "The sale, lease
or other permanent disposal of borough land valued at two hundred fifty
thousand (250,000) dollars or more per parcel to any single individual,
partnership or corporation (must be) by means of an outcry auction"
Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10%
based on the minimum bid amount shown in the bid packet. The remaining
balance must be paid within thirty (30) days.
Section 6: All remaining unsold properties after the land sale may be listed online for
sale to any approved party for at least the minimum cost.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
ATTEST: Jerome M. Selby, Borough Mayor
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough Page 3 of 3
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2008 -03
Introduced by: Manager Gifford
Requested by: Manager Gifford
Drafted by: Finance Department
Introduced: 08/16/2007
Public Hearing:
Adopted:
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
DETERMINING THE DISPOSITION OF TAX FORECLOSED PROPERTIES FROM
2005 AND PRIOR TAX YEARS, ESTABLISHING INTENTION TO SURPLUS
AND SELL THE SAME, FINDING THAT A PUBLIC NEED DOES NOT EXIST
FOR THESE PROPERTIES, AND AUTHORIZING
LAND SALE NUMBER SIXTEEN'S TERMS AND CONDITIONS
WHEREAS, the Kodiak Island Borough has acquired real properties as a result of the
tax foreclosure procedure from 2005 and prior tax years; and
WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states:
(a) The municipality shall determine by ordinance whether foreclosed property
deeded to the municipality shall be retained for a public purpose. The ordinance
must contain the legal description of the property, the address or a general
description of the property sufficient to provide the public with notice of its
location, and the name of the last record owner of the property as the name
appears on the assessment rolls.
(b) Tax - foreclosed property conveyed to a municipality by tax foreclosure and not
required for a public purpose may be sold. Before the sale of tax - foreclosed
property held for public purpose, the municipality, by ordinance, shall determine
that a public need does not exist; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has
reviewed the list of 2005 and prior tax years for foreclosed properties as required by
KIBC 18.10.030, has conducted a public hearing on the disposition of the subject
parcels, and has made a formal recommendation on the parcel's disposition to the
Assembly that the parcels identified have been reviewed by staff and the Commission
and that the properties not be retained for public purpose; and
WHEREAS, the Kodiak Island Borough Manager has reviewed the Commission's
action, as required by KIBC 18.10.030; and
WHEREAS, the Kodiak Island Borough Manager has recommended the tax - foreclosed
parcels listed below are declared not to be of "public need" and be offered at a future
KIB land sale; and
Kodiak Island Borough Page 1 of 3
Last owner
PROPERTY LEGAL PHYSICAL ADDRESS
NUMBER DESCRIPTION HOUSE STREET
# NAME
Road system parcels
LOCKE ROBERT &
1 MARY R7525031042 MILLER PT BK 3 LT 4A -2 988 KRAFT WAY
2 HOEN ETAL R1040060260 ALEUTIAN BK 6 LT 26 413 WILLOW ST
3 WREN R5200004300 USS 2735 TR A MIDDLE BAY CHINIAK HWY
4 WREN WILLIAM R5700000170 ATS 899 MIDDLE BAY CANNERY NHN
5 HAMAKER DAVE R6225040110 MOUNTAIN VIEW 2ND BK 4 LT 11 2566 DEVILS PRONG
6 MOSIER LINDA R7485000118 LAKESIDE 1ST BK 1 LT 10A 2345 BEAVER LAKE DR
7 SHOOK ESTHER R1429020192 RUSSELL EST 3RD BK 2 LT 19A -2 1820A -2 LARCH ST
Remote parcels
TOLBERT
8 GORDON R5312903601 T31S R29W TL 3601 AMOOK ISLAND UYAK BAY
9 MALUTIN R5765010010 KARLUK BK 1 LT 1 NHN KARLUK
10 PORT BAILEY WILD R5200001120 USS 2292 PORT BAILEY CANNERY PORT BAILEY
11 PORT BAILEY WILD R5200001155 USS 2352 PORT BAILEY CANNERY PORT BAILEY
12 PORT BAILEY WILD R5700000050 ATS 91 PORT BAILEY CANNERY PORT BAILEY
13 SQUARTSOFF R5765050040 KARLUK BK 5 LT 4 NHN KARLUK
14 SIMEONOFF SR R5781110090 AKHIOK BK 11A LT 9A NHN AKHOIK
CHRISTIANSEN THIRD AVE, OLD
15 FRED & R5755090100 OLD HARBOR TR F BK 9 LT 1 HARBOR
PETERSON
16 TERESA R5312901103 T31S R29W TL 1103 UYAK BAY NHN LARSEN BAY
SIMEONOFF JR
17 WALTER R5781110030 AKHIOK BK 11A LT 3A NHN AKHOIK
SQUARTSOFF
18 JOAN & R5302903005 T3OS R29W TL 3005 LARSEN BAY NHN LARSEN BAY
TUNOHUN LAURA
19 MAE R5755030600 OLD HARBOR TR F BK 3A LT 6A NHN OLD HARBOR
Kodiak Island Borough Page 2 of 3
NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH that
Section 1: This ordinance is not of a general and permanent nature and shall not
become a part of the Kodiak Island Borough Code of Ordinances.
Section 2: The preceding properties have been acquired by the Kodiak Island Borough
by clerk's deed pursuant to tax foreclosure and have been determined that
a public need does not exist and will be sold at the next Kodiak Island
Borough land sale.
Section 3: All sealed bid auction will be conducted. All bids must be received by the
manager's office by 4 p.m. on November 26. The bids will be opened on
November 27 in the Borough assembly chambers at 9 a.m. The highest
bidder will take ownership.
Section 4: The terms to be approved by the assembly are: bidder is to enclose a 10%
based on the minimum bid amount shown in the bid packet and the
remaining balance must be paid within thirty (30) days.
Section 5: All remaining unsold properties after the land sale may be listed online for
sale to any approved party for at least the minimum cost.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF , 2007
ATTEST: Jerome M. Selby, Borough Mayor
Nova M. Javier, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough Page 3 of 3