04/21/2011 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
April 21, 2011
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 21,
2011, 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 Carol Austerman, Jerrol Friend, Sue
Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager
Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland.
KAPLAN moved to excuse Assembly member Fulp who was absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
JEFFREY moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
CITIZENS' COMMENTS
Jake Jacobsen, Mark Anderson, and Rolan Ruoss spoke on the new high school project and
requested the Assembly to closely monitor costs and expenses.
Mel Stephens inquired about the Senior Citizens discount with Alaska Waste and requested that
the Assembly direct the Manager to resolve the execution of Contract No. FY0010 -30 (Solid
Waste contract) within the next 30 days.
COMMITTEE REPORTS
Assembly member Friend reported on the efforts of the Architectural /Engineering Review Board
in connection with the new Kodiak High School design. Plans were scheduled to be ready for
the April 28 work session and May 5 regular meeting.
PUBLIC HEARING
A. Ordinance No. FY2011 -14 Rezoning Lot G -1, U.S. Survey 3218, From B- Business To R3-
Multifamily Residential, and Lots D -2, H -1, H -2, and G -2, U.S. Survey 3218, From RR1 -Rural
Residential One To R3- Multifamily Residential.
JEFFREY moved to adopt Ordinance No. FY2011 -14.
Kodiak Island Borough Assembly Minutes
April 21, 2011 Page 898
This case was originally requested by petitioners Bruce and Lila Beehler for the rezone of Lot
G1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential. After a public hearing at
the January 19, 2011 regular meeting, the Planning and Zoning Commission moved to expand
the scope of the request to consider the additional rezoning of Lots D -2, H -1, H -2, and G -2, U.S.
Survey 3218, from RR1 -Rural Residential One to R3- Multifamily Residential.
The KIB Planning and Zoning Commission held a second public hearing on March 16, 2011, for
this rezone request to address the five adjoining lots that were included in the expanded scope
of this review. After the second public hearing, the commission moved to recommend the
rezoning of Lot G -1, U.S. Survey 3218 from B- Business to R3- Multifamily Residential and Lots
D -2, H -1, H -2, and G -2 from RR1 -Rural Residential One to R3- Multifamily Residential.
In making the recommendation, the Commission found that this area had been largely
overlooked in the most recent comprehensive plan update and the land use designation for this
area generally followed the pre- existing zoning from the 2005 zoning map. In considering the
rezone, the Commission noted in findings that all of the lots adjacent to the rezone area were
zoned B- Business while this area remained a rural residential enclave. A rezone to R3-
Multifamily Residential would provide new development opportunities that were appropriate for
the location along an arterial street and should be more compatible with the prevailing
commercial zoning and development surrounding these five lots considered for rezone. Thirty
public hearing notices were sent out on April 11, 2011; one response was provided to the
Assembly.
Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the
public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Kaplan, Lynch,
Stutes, and Austerman.
BOROUGH MANAGER'S REPORT
Manager Gifford reported on the following:
• FY2012 budgets would be distributed at the April 28, 2011 work session;
• Governor Parnell adjourned the First Session of the 27 Alaska State Legislature and
issued an Executive Proclamation to call a special session.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby reported that the American Legion Convention was currently meeting in Kodiak.
UNFINISHED BUSINESS
None.
Kodiak Island Borough Assembly Minutes
April 21, 2011 Page 899
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2011 -25 Authorizing the Borough Manager to Enter Into a Land Use
License With the State of Alaska Allowing the Department of Fish and Game to Use a Portion
of Tract B -1A U.S. Survey 4947 and Entering Into a Lease Agreement Upon Recording of a
Plat.
JEFFREY moved to adopt Resolution No. FY2011 -25.
Kodiak Island Borough Code section 18.20.030 stipulated that, after review and
recommendation by the Planning and Zoning Commission, disposals of borough land not
subject to approval by ordinance were subject to approval by assembly resolution specifying
terms and conditions upon which the disposal would be offered. KIBC 18.20.170 defined
"disposal" as ... "any transfer of real property...," and further defined a "leasehold interest" as
real property. This lease would be a disposal at less than fair market value to a qualifying
government agency as specified in KIBC 10.20.100.B allowing the use of the land for a public
purpose beneficial to the Borough. Terms of the lease would be one dollar per year for fifty -five
years renewable.
The license, for a term of not longer than eighteen months, would allow the State to initiate
preconstruction activity and proceed with construction while preliminary plat review culminated
in the creation of a new lot defining the lease area was in process. At the time that the plat
creating that lot was recorded, the License Agreement would extinguish and the Land Lease
would become effective.
Plat 2010 -8 created Tract B -1A by consolidating Borough property on Near Island with
unsurveyed adjacent City of Kodiak property (2.6 acres) specifically transferred to the Borough
by City Resolution No. 09 -06 for the purpose of construction of the ADF &G office and laboratory
facility. Following Planning and Zoning Commission recommendation (Case 11 -019), the
Assembly adopted Ordinance No. 2011 -13 at the April 7, 2011, meeting rezoning the 2.6 acres
portion from C- Conservation to PL- Public Use Land to accommodate the development. The
detailed site plan (Case 11 -022) was approved by the Commission at the March 16, 2011,
meeting, and the disposal of Borough land (Case 11 -021) would be recommended by the
Planning and Zoning Commission for Assembly approval at the April 20, 2011, Commission
meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes,
Austerman, and Friend.
Kodiak Island Borough Assembly Minutes
April 21, 2011 Page 900
Ordinances for Introduction
1. Ordinance No. FY2011 -15 Amending Title 9 Public Peace, Morals and Welfare by Instituting
Chapter 9.10 Fireworks Control to Restrict the Sale and Use of Fireworks in the Borough.
JEFFREY moved to adopt Ordinance No. FY2011 -15 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
There was no restriction on the sale or use of fireworks in the Borough and many residents had
contacted Borough officials expressing concern about noise, litter, and safety created by the use
of fireworks throughout the year. This ordinance would restrict the sale and use of fireworks in
the Borough to a limited number of days before and after the popular holidays that feature
fireworks, 4"' of July and New Year's Eve.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes,
Austerman, Friend, and Jeffrey.
Other Items
1. Declaring a Seat on the Kodiak Workforce Regional Advisory Council Vacant. This item was
approved under the consent agenda.
On April 11, 2011, Ms. Marjorie DeGreef submitted a notice of resignation from the Health and
Sports Fitness seat on the Kodiak Workforce Regional Advisory Council for a term to expire
December 2013. The Assembly accepted, with regret, the resignation of Ms. DeGreef, and
directed the Borough Clerk to advertise the vacancy per Borough Code.
CITIZENS' COMMENTS
Scott Arndt spoke to the new high school project costs and anticipated operational expenses.
ASSEMBLY MEMBER COMMENTS
Assembly member Stutes thanked the public for their participation in the new Kodiak High
School project, and encouraged their continued support. She also requested an accounting of
expenditures to date for the long term care facility.
Assembly member Friend requested the status of the preliminary budget and inquired if it would
be available on the Borough website. He noted that Rezanof and Mill Bay intersection as being
a popular deer crossing. Assembly member Friend inquired about the senior discount and the
charge for cart change -out with Alaska Waste.
Assembly member Kaplan confirmed the non - profit application deadline of April 29, 2011.
Assembly member Jeffrey highlighted the special events in Kodiak during the past weekend
which included the Kodiak Area Marine Science Symposium, ComFish, and the Fishery
Industrial Technology Center open house.
Kodiak Island Borough Assembly Minutes
April 21, 2011 Page 901
Announcements
The next Assembly work session would be held on Thursday, April 28, 2011, at 7:30 p.m. in the
Borough Conference Room and the next regular meeting of the Assembly was scheduled on
Thursday, May 5, 2011, at 7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
JEFFREY moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend,
Jeffrey, and Kaplan.
The meeting was adjourned at 8:20 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerlime M. Selby, Mayor
a C(MICLA )
Nova M. Javier, MMC, Oorough Clerk Approved: May 19, 2011
Kodiak Island Borough Assembly Minutes
April 21, 2011 Page 902