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2013-01-17 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting January 17, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 17, 2013, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Selby, Assembly members Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Finance Director Karl Short, Acting Community Development Director Duane Dvorak, Solid Waste Manager /Environmental Specialist Mike Patterson, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of December 20, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Administrative Official Cassidy presented the Employee of the Quarter Award to Maya Daurio, GIS Analyst in the Information Technology Department, Administrative Official Cassidy presented a fifteen year longevity award to Bob Himes, Bayside Fire Chief, and a ten year award to Kirsten Galliher, Appraiser Technician in the Assessing Department. Mayor Selby presented a Certificate of Appreciation to Sally Magnuson, American Red Cross Kodiak Chapter Director. Administrative Official Cassidy presented a Certificate of Achievement for Excellence in Financial Reporting and an Award for Outstanding Achievement in Popular Annual Financial Reporting to Finance Director Karl Short. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1144 CITIZENS' COMMENTS Judi Kidder requested reinstatement of the Animal Control program in the fee schedule. Todd Hiner spoke about his tour of the Fairbanks compost system. Sarah Thayer spoke in support of Bud Cassidy as Borough Manager, and for the compost project at the landfill. Marilyn Guilmet spoke about the sludge project within residential community areas and the related diseases and toxicity. COMMITTEE REPORTS Nick Szabo, Solid Waste Advisory Board Chairman, requested a joint meeting with the Solid Waste Board and the Assembly to discuss possible sites for collection centers. Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) Board meeting held January 17, 2013, and the upcoming annual meeting in February in Anchorage. Assembly member Lynch reported on the Fisheries Work Group meetings held January 7 and January 14, 2013, and announced the upcoming meeting of Monday, February 25, 2013, at 9 a.m. Assembly member Stutes reported on the Kodiak Fisheries Advisory Council meeting at the College on January 14, 2013. PUBLIC HEARING 1. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale, and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. GRIFFIN moved to adopt Ordinance No. FY2013 -11. The ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol Austerman. The purpose of the ordinance was to amend the code to have the Borough Manager report to the Assembly certain contracts entered into under the Manager's administrative authority, such as unique and professional contracts, change orders, etc. The Assembly's intent in reporting was not to delay or affect the validity of the contract. The ordinance also allowed for notices to potential bidders and proposers to be made available by electronic means, as well as by newspaper publication. The privileges and immunities clause of the United States Constitution significantly limited the right of the Borough to grant a contracting preference to local residents or companies and the ordinance clarified that provision. BONNEY moved to amend Ordinance No. FY2013 -11 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Stutes. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1145 Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Griffin, Kaplan, Lynch, and Bonney (Ayes); Stephens and Stutes (Noes). BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Borough and City Staff had officially stepped down from the unified command associated with the oil rig Kulluk incident; • Kodiak High School renovation project was being advertised with a mandatory pre -bid meeting scheduled for January 24, and bids were due to be opened on February 20. • State of Alaska scheduled a meeting January 29 at 5 p.m. at the Kodiak Library as part of the review for the Certificate of Need for the Long Term Care Facility. • Bid opening for the tax foreclosed property was held January 17, and five bids were received and opened and the high bid was approximately $98,000. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended Administrative Official Bud Cassidy and Borough staff, including Duane Dvorak and Jack Maker, in their involvement in the Kulluk incident. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. KAPLAN moved to approve Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. A three year draft version of the contract was provided to the Assembly. STUTES moved to convene into executive session to discuss Contract No. FY2013 -14 Employment Contract between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Griffin, and Kaplan. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1146 Mayor Selby invited the Borough Assembly, Administrative Official Cassidy, and Clerk's Staff into executive session. Mayor Selby recessed the regular meeting and convened the executive session at 8:15 p.m. Upon returning from executive session, Mayor Selby reconvened the regular meeting at 8:40 p.m., recessed the meeting, and reconvened the meeting at 8:50 p.m. GRIFFIN moved to amend Contract No. FY2013 -14, Page 3, Section 4.A.1(b) to strike out the words: "return to the position of the Director of the Community Development Department at the same salary including all cost of living adjustments as though the Manager had never vacated his Community Development Department position with no loss in pay benefits or longevity for his time served as Manager." Section 4.A.2(b) to read: "In the event of termination of Manager for good cause during the three (3) year term of this contract, Manager retains the right to fill any available position within the Borough for which he is qualified." Section 4.B to strike out the words: "If the Manager voluntarily resigns, Manager may exercise the option to return to his former position as provided in paragraph 4.A.1(b) above." And insert the words: "Manager retains the right to fill any available position within the Borough for which he is qualified." ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Griffin. GRIFFIN moved to further amend Contract No. FY2013 -14, Page 3, Section 4.A.1 to insert the words at the end of subsection b: "fill any available position within the borough for which he is qualified." ROLL CALL VOTE ON THE MOTION TO FURTHER AMEND CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Griffin, and Kaplan. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Stutes, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). Resolutions 1. Resolution No. FY2013 -21 Rescinding Resolution No. FY2013 -12 and Adopting a Revised State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. KAPLAN moved to adopt Resolution No. FY2013 -21. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1147 Per KIBC 2.40.030(E), the Planning and Zoning Commission reviewed and updated the list of project priorities for the KIB Capital Improvement Program (CIP) for FY2013 -2017. At its July 18, 2012 regular meeting, the Commission reviewed the previous year's resolution and took into account those projects which had been funded since that time. In addition, the Commission received input from the City of Kodiak and the Kodiak Island Borough (KIB) Parks and Recreation Committee and made available opportunities for input by the general public. The Commission adopted a resolution on August 15, 2012 and forwarded it to the Assembly. Resolution No. FY2013 -12 was adopted by the Assembly on September 20, 2012. The resolution was a compilation of a list of capital improvement priority projects that the Kodiak Island Borough would submit to the 2013 legislative session for funding consideration. At the December 27, 2012 work session, the Assembly met with Senator Stevens and Representative Austerman and reviewed Resolution No. FY2013 -12. The Legislators requested that Resolution No. FY2013 -12 be modified. Resolution No. FY2013 -21 reflected a new list as a result of the discussion and Assembly direction given to staff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Griffin, Kaplan, Lynch, and Stephens. Ordinances for Introduction 1. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To (- Industrial Zoning District. BONNEY moved to adopt Ordinance No. FY2013 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Lot 1 of United States Survey 3945 and the remainder of ADL 44355 was a 202.51 acre tract currently utilized as the community's solid waste processing and disposal site. The current use was granted an "exception" to the Borough Zoning Ordinance on April 24, 1968. As such, the use and structure(s) were regulated as a non - conformity per KIBC 17.140.090. As a nonconforming, nonresidential use, the current facility and use would not be able to accommodate the expansion and modernization required in order to comply with the new regulatory environment. The Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Commission of its actions and its findings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, and Bonney. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1148 2. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision From R1- Single Family Residential Zoning District To UNC - Urban Neighborhood Commercial District (Case 13 -008). KAPLAN moved to adopt Ordinance No. FY2013 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision was an 8,000 square foot vacant residential lot owned by the City of Ouzinkie. The lot exhibited the attributes that made it a desirable candidate for the placement of a telecommunications systems relay facility. Acting upon the imperative for upgrading the community's telecommunications connectivity, the City entered into a lease with the service provider, and later realized the conflict between zoning and use. The City acted pre- emptively to pass a local resolution recognizing the contribution of the facility to the community's telecommunications requirements, and requested a rezone to a zoning district that accommodated the use. The Commission held a public hearing on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Commission of its actions and its findings. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Bonney, and Griffin. Other Items None. Mayor Selby recessed the regular meeting at 9:05 p.m., and convened the Board of Adjustment. BOARD OF ADJUSTMENT 1. APPEAL TO THE BOARD OF ADJUSTMENT — An Appeal of the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). Assembly member Stephens noted he had a conflict of interest. Chair Selby ruled that there was a conflict of interest and excused Assembly member Stephens. Chair Selby announced that three appeal hearing notices were mailed and one written comment was returned and provided to the Board of Adjustment. Chair Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Board of Adjustment, only persons who had submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission would present oral argument. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1149 Chair Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who have submitted written argument on the appeal: Todd Hiner and Cecile Hiner Testified before the Commission: Bill Wren Todd Hiner 1. Borough staff represented by Duane Dvorak, Acting Community Development Director (CDD) and Alan Torres, Chairperson of the Planning and Zoning Commission. Acting Director Dvorak reviewed the case packet and back up information. Mr. Dvorak specifically addressed the appellant's letter, i.e., comparisons with other RV parks, code requirements, and staff recommendations. Planning and Zoning Commission Chairperson Alan Torres reported that the Planning and Zoning Commission did remove some of the staff recommendations for the conditional use permit and added additional requirements. 2. Appellant - William Wren Mr. Wren reviewed the complaint filed by Cecil and Todd Hiner and gave a brief history of the property. 3. Private person supporting the appeal. None. 4. Private person opposing the appeal: Mr. Todd Hiner, owner of the property at Middle Bay adjacent to the appellant's property, spoke about the road that was shared by both property owners and the applicable zoning requirements. Mr. Hiner also stated that there was not enough room for a recreational vehicle (RV) park and a compost facility on the prescribed property, and requested that the RV park be required to meet code compliance. Mr. Hiner addressed the contract with the City and the extension along with the viability of an RV park and compost facility on the same piece of property. 5. Appellant, Mr. Wren stated that he did not want a sewage facility on the subject property and had not filed a sewage treatment permit. Mr. Wren also stated that he had no interest in combining an RV park and a sewage facility treatment plant on the same piece of property. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1150 GRIFFIN moved to convene into closed session for deliberation as a quasi - judicial board, ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION CARRIED UNANIMOUSLY: Lynch, Stutes, Bonney, Griffin, and Kaplan. After the vote, CHAIR OF THE BOARD (Mayor Selby) invited the Administrative Official and Clerk's office staff to join in closed session at 9:45 p.m. Upon returning from closed session, Chair Selby reconvened the Board of Adjustment at 10 p.m. LYNCH moved to Affirm IN WHOLE the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Bonney, Griffin, Kaplan, and Lynch. LYNCH moved to adopt the findings of fact of the Planning and Zoning Commission as follows: A. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. The proposed recreational vehicle park use will preserve the value, spirit, character, and integrity of the surrounding area so long as the park is developed in accordance with an approved plan, and in conformity with the applicable development standards in KIBC 17.165. B. That the conditional use fulfills all other requirements of KIBC chapter 17.165 pertaining to the conditional use in question. While the plan presented for this CUP is conceptual in nature, the project will be required to undergo a thorough zoning compliance review. Stipulations attached to the Commission's decision will ensure that the development meets, or exceeds, minimally acceptable standards of development. Recognizing the maturation of the RV industry and the innovations in RV unit design and construction, the Commission has waived certain development standards where appropriate. C. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience, and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbacks, lot area, buffers, or other safeguards are being provided to meet the conditions listed in subsections A through C. Due to the large lot size and rural location, it appears that the site will not require any additional buffers, setbacks, or safeguards are needed in order to meet the conditions identified in subsections A through C above. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1151 ROLL CALL VOTE ON MOTION TO ADOPT FINDINGS OF FACT AS PRESENTED CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, and Stutes. Chair Selby stated that the Kodiak Island Borough Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the 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 10:05 p.m. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated the Borough employees with their awards, and thanked Chairperson Szabo for his active participation on the Solid Waste Advisory Board (SWAB) and was looking forward to discussing transfer stations. Assembly member Stephens complimented Administrative Official Cassidy for his manner of handling questions; remarked about the untimeliness of substantive documents presented at meetings; stated that the Borough needed to reconsider the commitment for the Long Term Care facility because of timing constraints; and remarked that he did not see the benefit of two governments. Assembly member Griffin thanked the employees that were recognized at the meeting, welcomed Bud Cassidy as the new Manager, and extended his appreciation to staff that the High School Renovation Request for Proposal (RFP) was released and looked forward to bid - opening day. Assembly member Bonney reported that he looked forward to working with the SWAB Board, and extended his condolences to Mr. Koning on the loss of his sister. Assembly member Lynch congratulated the recognized employees at the meeting, and requested that at the next work session the new ordinance be discussed in relationship to existing contracts. Assembly member Kaplan congratulated staff and encouraged a one hour joint meeting with the SWAB Board to discuss a framework for convenience stations. Announcements The Assembly and the School Board would meet in a Joint Work Session on Thursday, January 31 at 6:30 p.m. in the Assembly Chambers. The next Assembly work session was scheduled on Thursday, January 31 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, February 7 at 7:30 p.m. in the Borough Assembly Chambers. The Kodiak Island Borough offices would be closed Monday, January 21, in observance of Martin Luther King, Jr. Day. Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1152 ADJOURNMENT BONNEY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, and Bonney. The meeting was adjourned at 10:15 p.m. KODIAK ISLAND BOROUGH I ATTEST: Je •me M. Selby, Mayor Sin/ M. v � (1 4� Nova M. Javier, MMC, orough Clerk Approved on: March 7, 2013 Kodiak Island Borough Assembly Minutes January 17, 2013 Page 1153