07/01/2010 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 1, 2010
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 1, 2010,
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.
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, Finance Director Karl Short, Engineering and Facilities Director Woody
Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn.
APPROVAL OF AGENDA AND CONSENT AGENDA
BRANSON moved to approve the agenda and consent agenda as submitted.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
A. Regular Meeting Minutes of May 20, 2010, and Special Meeting Minutes of June 1, 2010,
were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Manager Gifford presented the Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award to Finance Director Karl Short.
CITIZENS' COMMENTS
Jan Chatto spoke on concerns regarding lack of housing for transients in Kodiak.
COMMITTEE REPORTS
None.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT
Manager Gifford provided the following:
• Provided visitor statistics for the Kodiak Fisheries Research Center for the month of
June 2010, which had increased from June 2009.
• Payment in Lieu of Tax from the U.S. Coast Guard was received.
• Annual leave dates were July 2 -9, 2010.
Kodiak Island Borough Assembly Minutes
July 1, 2010 Page 814
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby wished everyone a safe and happy Fourth of July holiday.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
1. Contract No. FY2007 -22A Amending Contract No. FY2007 -22 Kodiak Landfill Lateral
Expansion Design and Construction Services.
FRIEND moved to authorize the manager to execute Contract No. FY2007 -22A Amendment to
Contract No. FY2007 -22 with CH2M Hill, Inc. of Anchorage, Alaska in the amount not to exceed
$381,647.
The Kodiak Island Borough Landfill was fast approaching capacity and a lateral, lined expansion
cell needed to be designed and constructed. This change order would incorporate the previous
work contracted with CH2M Hill for the leachate treatment expansion so that all leachate, for the
existing and the lined lateral expansion, would be managed the same. Initially, the leachate data
would be reviewed and a determination made as to whether or not the City of Kodiak would
accept the leachate at its wastewater treatment facility. The leachate design schedule would
parallel the lateral expansion design schedule.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey,
Kaplan, Lynch, and Stutes.
Resolutions
None.
Ordinances for Introduction
None.
Other Items
Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 7:41 p.m.
1. BOARD OF ADJUSTMENT
Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision on Case
No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of
a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full -
Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services."
The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer.
Mayor Selby announced that this was the continuation of the June 17, 2010, proceedings of the
Board of Adjustment.
FRIEND moved to adopt the findings of fact in support of the Board of Adjustment's decision to
affirm in whole the Planning and Zoning Commission's decision on Case No. 10 -013 of March
10, 2010, overturning an administrative order resulting in the issuance of a notice of violation
Kodiak Island Borough Assembly Minutes
July 1, 2010 Page 815
regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full- service lodge, including
room accommodations, meals, guiding, and transport services." The appellants were seeking
specific relief. Appellants: Richard and Nancy Diemer.
FINDINGS OF FACT
• Mr. and Mrs. Baker acquired a zoning compliance and building permit for a single family
dwelling in 2000 that identified their potential use of the structure as a Bed and Breakfast
(B &B) facility;
• Pasagshak resident Mr. Richard Diemer submitted a zoning violation complaint to
Community Development Department staff on September 24, 2009;
• An investigation into the complaint resulted in the issuance of a Notice of Violation to the
Bakers on November 18, 2009, to discontinue the unlawful use (full service lodge,
including guiding and transport services) of the land and structure;
• A written appeal to the Planning and Zoning Commission of the Notice of Violation was
made by the Bakers on December 28, 2009;
• The Bakers acquired a zoning compliance (change of use) permit to provide B &B
services at their single family residence in Pasagshak on December 29, 2009; and
• On December 29, 2009, the Bakers acquired a zoning compliance permit for "fishing
activities" when an owner occupied dwelling was present on the premises. Based on a
February 26, 1986, definition of "fishing activities ", Mr. Baker was allowed to store his
vessel and fishing equipment and conduct sport, subsistence, setnet fishing, and other
commercial fishing activities from his Pasagshak lot.
B &B Services
• The Bakers had acquired the necessary Borough permits to operate a B &B on their
Pasagshak lot;
• The definition of a B &B as found in KIBC 17.25.030 included overnight accommodations
and a morning meal to transients for compensation; and
• This definition defined the minimum requirements of services offered at a B &B. To
restrict meals offered at a B &B to only a morning meal did not make sense for a facility
located out of town and away from other restaurants or places that provided meals. If
requiring an alternative location away from the Bakers B &B, clients would be required to
drive a significant and unnecessary distance to dine elsewhere. Offering meals at other
times of the day, including lunch and evening meals, was an acceptable service to offer.
Home Occupation
• Mr. Baker was required to reside at the Pasagshak residence when he operated his
businesses;
• Mr. Baker's home occupation did not occupy more that 25% of the dwelling's floor area;
• Based on public testimony at the Planning and Zoning Commission meeting of February
17, 2010, the operation of the A River Inn and Fish Kodiak Adventures did not change
the essential residential character of the Pasagshak neighborhood; and
• It was clear that the neighborhood character of Pasagshak was one of "active recreation"
of many types, conducted at various hours of the day.
Fishing Activities
• Based on the definition of "fishing activities" as defined in the 1986 Administrative
Opinion, and in an effort to consistently apply this definition, Mr. Baker's charter boat
activities were consistent with the definition;
Kodiak Island Borough Assembly Minutes
July 1, 2010 Page 816
• Mr. Baker had acquired the necessary Borough zoning compliance permit to operate his
charter boat business and thereby met this standard; and
• Mr. Baker was required to reside at the residence in order to meet the definition of
fishing activities as required in KIBC 17.70.020 which required an owner— occupied
dwelling was present on the premises.
Comprehensive Plan
• Mr. Baker's activities were consistent with the adopted comprehensive plans and met
the zoning code requirements and standards for the RR1 zoning district;
• The seasonal nature of Mr. Baker's activity was consistent with the low density
development encouraged for the area;
• Mr. Baker's operation of his B &B, fishing activities, and home occupation at this parcel
was in keeping with the goals of the comprehensive plan that required retail /commercial
activity be conducted as a home occupation; and
• The activities of A River Inn and Kodiak Fish Adventures were permitted uses in the
RR1- Rural Residential One zone and did not require a rezone to a commercial zoning
district.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan,
Lynch, Stutes, and Branson.
Mayor Selby announced that KIBC 17.225.100 Judicial review stated "any person aggrieved by
a final decision of the board of adjustment under this chapter may appeal that decision to the
superior court within 30 days of the decision. An appeal to superior court shall be heard solely
on the record before the board of adjustment or its hearing examiner and the commission. The
appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate
Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed
if, in light of the whole record, they are supported by substantial evidence."
Mayor Selby reconvened the regular meeting at 7:45 p.m.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly members Branson, Friend, and Stutes congratulated Finance Director Short and staff
for receiving the GFOA budget presentation award.
Assembly member Friend spoke on tourism increases in Kodiak.
Assembly members Branson, Fulp, Jeffrey, and Kaplan commented on the transient housing
issue.
Assembly member Jeffrey urged prioritizing KIBC 17.70, which included bed and breakfast
facilities, during the code revision process in order to meet the needs of the Pasagshak Area
community and to uphold its comprehensive plan.
Kodiak Island Borough Assembly Minutes
July 1, 2010 Page 817
Announcements
Mayor Selby announced that the Borough offices would be closed on Monday, July 5, 2010, in
observance of the Fourth of July holiday.
The next Assembly work session would be held on Thursday, July 8, 2010, at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, July 15,
2010, at 7:30 p.m. in the Borough Assembly Chambers.
EXECUTIVE SESSION
A. Borough Clerk's Performance Evaluation.
BRANSON moved to convene into executive session to discuss the Borough Clerk's
performance evaluation, a subject that qualifies for executive session as a matter that may tend
to prejudice her reputation or character.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED
UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend.
Mayor Selby recessed the regular meeting and convened the executive session at 7:59 p.m.
Upon returning from the executive session, Mayor Selby reconvened the regular meeting at
8:14 p.m.
BRANSON moved to increase the Clerk's salary to range 23.5, Step M and approve a merit
award of $2,500.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes,
Branson, Friend, and Fulp.
B. Borough Manager's Performance Evaluation.
FRIEND moved to convene into executive session to discuss the Borough Manager's
performance evaluation, a subject that qualifies for executive session as a matter that may tend
to prejudice his reputation or character.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED
UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey.
Mayor Selby recessed the regular meeting and convened the executive session at 8:25 p.m.
Upon returning from the executive session, Mayor Selby reconvened the regular meeting at
9:12 p.m.
BRANSON moved to increase the Manager's salary by $5,000 and approve a $5,000 bonus.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend,
Fulp, Jeffrey, and Kaplan.
Kodiak Island Borough Assembly Minutes
July 1, 2010 Page 818
ADJOURNMENT
BRANSON moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp,
Jeffrey, Kaplan, and Lynch.
The meeting adjourned at 9:15 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, _
Nova M. Javier, MM , Borough Clerk Approved: August 5, 2010
Kodiak Island Borough Assembly Minutes
July 1, 2010 Page 819