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2014-09-18 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting ° uuuuuV September 18, 2014 t A regular meeting of the Kodiak Island Borough Assembly was held on September 18, 2014, 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 Assembly member Aaron Griffin. Mayor Friend led the Pledge of - Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, and Mel Stephens. Also present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Frank Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA r.Q.�. KAPLAN moved to approve the agenda. KAPLAN moved to amend the agenda by removing 6.A Providence Kodiak Island Medical Center Update. The Providence Kodiak Island Medical Center update to the Assembly would be rescheduled to the October 16. VOICE VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the week of September 28 through October 4, 2014 as Childhood Cancer Awareness Week. CITIZENS' COMMENTS Scott Arndt spoke on Resolution No. FY2015-02. Kodiak Island Borough Assembly Regular Meeting Minutes September 18, 2014 Page 1404 ------------ ------ - -------- Neil Moomey, Ralph Lysdahl, Alan Wolf, Anthony Cavan, and Jesse Glamann, Kodiak Island Sportsmans' Association representatives, urged the Assembly to consider reopening the Monashka Bay rifle range. Mark Anderson reported that he had discussed with Department of Transportation the need to reduce the speed limit from 45 mph to 35 mph from Providence Kodiak Island Medical Center to Mill Bay Beach along Rezanof Drive. Mr. Anderson also spoke in support of Ordinance No. FY2015-04. COMMITTEE REPORTS Planning and Zoning Commission member Scott Arndt,spoke on Resolution No. FY2015-11 and Ordinance No. FY20115-04. PUBLIC HEARING 1. Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 By Amending Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section 2.30.080 Decorum in Debate, and Section 2.30.090 Citizens Rights. GRIFFIN moved to adopt Ordinance No. FY20115-05. The ordinance was requested by Assembly member Bonney to rescind Ordinance No. FY2014- 20 which was adopted on July 3, 2014. Mayor Friend opened the public hearing. Betty MacTavish and Scott Arndt thanked the Assembly for and spoke in support of Ordinance No, FY2015-05. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Letter of support for the City of Ouzinkie; public • Public notices for the code updates had been issued. Comments from the pub were encouraged; and • Attendance at the Kodiak Archipelago Rural Regional Forum on September 18. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the Kodiak Archipelago Rural Regional Forum. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Regular Meeting Minutes .......n„ . September 18, 2014 Page 1405 A NEW BUSINESS Contracts ;rt���� None. Resolutions 1. Resolution No. 1995-01H Amending Resolution No. 1995-01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendments to Various Categories, Retention Schedules, and Records Series. LYNCH moved to adopt Resolution No. 1995-01H. Several years ago, staff determined the need to revise the current retention schedule to comply with and consider recent and existing laws and regulations, reflect industry best practices, update cross referenced Borough Code sections, and to meet present needs of the Borough departments. The Records Administrator met with and worked with the various department directors, records coordinators, staff, and the Borough Attorney to move forward the revised schedules for the Assessing, Engineering and Facilities, Community Development, Borough Clerk, and Elections records series. °`"""""` The resolution and backup material were thoroughly reviewed by the Borough Attorney and were found to be sufficient and compliant with all regulations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. 2. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. KAPLAN moved to adopt Resolution No. FY2015-02. KIBC 3.10.190 Deposit of school money ordained that all Borough fees be reviewed on an annual basis. The last fee resolution was reviewed and adopted on June 2013. The fee changes were more in line with the budgetary needs for the 2015 fiscal year. """".. GRIFFIN moved to postpone Resolution No. FY2015-02 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. 3. Resolution No. FY2015-09 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal of Lots 11-14, Block 4, and a t 29,979 Square Foot Portion of Tract R-2, Killarney Hills Subdivision, Comprising Approximately 1.6 Acres of Kodiak island Borough Assembly Regular Meeting Minutes °'� September 18, 2014 Page 1406 oiiwoiiwWO"� Borough land, as Land Surplus to the Public's Need, and Subject to Disposal at Fair Market Value (P&Z Case 14-022). LYNCH moved to adopt Resolution No. FY2015-09. "� The Borough Resource Management Officer identified land that would be suitable for disposal at a future land sale. The land included four parcels that were initially scheduled to be sold during Land Sale No. 18. The lots were withdrawn from the sale to further investigate details for connection to public sewer and to research alternative designs that would expand the disposal `"""'� area, while providing separation from the adjacent ball field. A conceptual design was developed that incorporated a portion of an adjacent parcel to increase the number of lots from four to nine. The lots would be smaller and configured to provide more separation between the rear lot lines and the ball field. With nine lots, it would be less costly to connect to public sewer, which would make the lots more affordable for individual buyers. Should the disposal be approved, the final design would be perfected by the recording of a plat using the procedures outlined in Title 16 Subdivision of the Borough Code. At the primary stage of review, typically all that was required was a determination by the Assembly that the identified lands were surplus to the Borough (public's) need. There was no adopted plan guidance indicating a need for these lands to be retained by the Borough. The Planning and Zoning Commission held a public hearing on the request and found the a request to be consistent with the goals and objectives of the Kodiak Island Borough • Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Austerman, and Bonney. 4. Resolution No. FY2015-11 Adopting a Capital Improvement Projects Priority List for the 2015 State Legislative Session. GRIFFIN moved to adopt Resolution No. FY2015-11. In accordance with KIBC 2.45.030(E), the Planning and Zoning Commission reviewed and updated a list of project priorities for the Borough Capital Improvement Program (CIP) for FY2015-2019. The Commission was required to make a recommendation to the Assembly by ®� resolution and deliver that recommendation no later than October 1st of each year. The Commission reviewed last year's resolution and took into account those projects which had been funded since that time. In addition, the Commission received input from the Borough Parks and Recreation Committee and made available opportunities for input by the general public. ............. At its July 16, 2014 regular meeting, the Commission reviewed the input received and adopted Resolution No. FY2015-01 Recommending a Capital Improvements Projects List for FY2015- 2019. That resolution was now formally transmitted to the Assembly for its further consideration. Kodiak Island Borough Assembly Regular Meeting Minutes .y� September 18, 2014 Page 1407 The Assembly had historically referred to the Commission's CIP list in preparing a short list of projects for which the Borough requested legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly could add projects, amend language and figures, as well as remove projects. The goal was to complete a list earl g � p j g p yin September so that projects could be considered by the different state agencies with the aim of being included in the Governor's Capital Budget. The adopted list would be forwarded to the legislative delegation, the governor, and any state agencies that had oversight and/or involvement in the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Austerman, Bonney, and Griffin. Ordinances for Introduction 1. Ordinance No. FY2015-04 Amending toe 2008 Comprehensive Land Use Plan to Change the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residential to Commercial Business (Case No. 04-14). LYNCH moved to adopt Ordinance No. FY2015-04 in first reading to advance to public hearing at the next regular meeting of the Assembly. ............... The Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmitted the August 20, 2014 meeting materials and recommendation for a 2008 Comprehensive Plan amendment for consideration by the Assembly. The Commission recommended approval of the amendment to the 2008 Comprehensive Plan to change the future land use designation of Lot 1, Alagnak Acres from Urban Residential to Commercial Business. At its regular meeting on July 16, 2014, the Commission voted 4-3 to recommend approval of the Comprehensive Plan amendment and at its regular meeting on August 20, 2014, the Commission voted 4-3 to adopt the Findings of Fact in support of the recommendation. The Community Development Department did not concur with the Commission's recommendation to the Assembly or the(findings of fact in support of the Commission's recommendation. The detailed reasons for this position were set forth in the staff report and packet prepared for the request and submitted to the Commission. Staff recommended that the request was inconsistent with specific goals, policies, implementation actions, and implementation priorities stated in the Borough's 2008 Comprehensive Plan. The specific reasons why staff did not support the proposed comprehensive plan amendment were as follows: • The amendment would facilitate a rezone without an adequate justification of any economic need predicated upon population growth or positive employment impact. The amendment would facilitate a rezone that increased potential compatibility issues between adjacent districts by creating a boundary that separated similarly zoned and developed properties. ° Kodiak Island Borough Assembly Regular Meeting Minutes September 18, 2014 Page 1408 • The amendment would facilitate a rezone without demonstrating a need for more business zoned lands. The application failed to provide any rationale for such a rezone, which was particularly problematical given the obvious amount of vacant or under-utilized business zoned property in the immediate neighborhood. rrt�„ A review of the approved meeting minutes when the Commission considered this matter disclosed certain errors which would require administrative action in order to correct those errors. For this reason, the meeting minutes reflecting the Commission's deliberations on the matter were omitted from the transmittal memo. They would be forwarded to the Assembly once amended by the Commission. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. 2. Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 of the Kodiak Island Borough Code to Implement the Alaska Uniform Citation Procedure for Certain Violations of Borough Code. LYNCH moved to adopt Ordinance No. FY2015-06 in first reading to advance to public hearing at the next regular meeting of the Assembly. On March 27, 2014, a majority of the Assembly agreed to move forward with code amendments t to adopt the Alaska Uniform Citation Process for certain violations of Borough Code, as required by the Alaska Court system. The system also required that the Borough adopt a schedule of fines for violations of Borough Code that would be handled by the uniform citation process. The primary example of how the system would be used was for animal control fines. As directed, staff worked with the City of Kodiak with respect to the animal control fines. Other violations of Borough Code that would be included in the schedule of fines included littering, solid waste violations, and fireworks control. Implementing these changes required: 1) an ordinance amending Borough code to adopt the uniform citation process and reference a schedule of fines and 2) a resolution adopting a schedule of fines. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). Other Items 1. Approval of a Vacation of a Portion of a Fifty (50) Foot Wide Road and Utility Easement on Tract A, Raven Hills Subdivision. LYNCH moved to approve the vacation of a portion of a fifty (50) foot wide road and utility easement on Tract A, Raven Hills Subdivision. Kodiak Island Borough Assembly Regular Meeting Minutes September 18, 2014 Page 1409 At its August 20, 2014 regular meeting, the Planning and Zoning Commission granted approval of a Preliminary Plat subdividing Tract A, Raven Hills Subdivision. The Commission's action included approval of a vacation of a portion of a fifty foot wide road and utility easement that ran I through the tract. The easement contained no roadway or utilities and served no practical purpose. No review agency or affected property owner expressed a need to retain the easement. The area to be vacated was outside the City of Kodiak and had no monetary value to the Borough. KIBC 16.60.060 Vacations — Additional approval required mandated approval by the Assembly prior to the vacation becoming effective, ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan,; Lynch, and Stephens. 2.. Approval of the October 7„ 2014 Regular Municipal Election Workers. LYNCH moved to appoint the election officials for the upcoming October 7 municipal election as listed in the memo submitted by the Borough Clerk. Per KIBC 730.010 Election officials, the assembly needed to appoint at least three election officials in each precinct to constitute the election board of that precinct. It would be impossible to conduct the elections without the dedication and skill of the 60 plus volunteers listed in the memo before the Assembly. The election judges and clerks, receiving team, and canvass board deserved appreciation for their commitment to the voters of the Borough. i e F ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. CITIZENS' COMMENTS Scott Arndt addressed comments of Assembly member Stephens regarding Ordinance No. FY2015-04. Dan Rohrer expressed concerns regarding definition ambiguities on Ordinance No. FY2015-06. ASSEMBLY MEMBERS' COMMENTS Assembly member Lynch reported on her attendance at the Kodiak Archipelago Rural Regional Forum on September 17. She announced there would be a Kodiak Fisheries Work Group meeting on September 19 at 8:30 a.m. She thanked the election workers for their hard work on the elections. Assembly member Stephens commended those who spoke in opposition of Ordinance No. FY2014-20 and thanked the public for its support of Ordinance No. FY2015-05. ........................ ° Announcements---Mayor Friend The next Assembly work session would be held on Thursday, September 25 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 2 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes September 18, 2014 Page 1410 The Regular Municipal Election would be held on Tuesday, October 7, 2014. If voters would be out of town on Election Day, absentee voting was available in the Borough Clerk's Office, Room 101 in the Borough building from 8 a.m. to 5 p.m., starting Monday, September 22, 2014, through Monday, October 6, 2014. ADJOURNMENT KAPLAN move to adjourn the meeting. ' �"'� �r ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Austerman, and Bonney. The meeting was adjourned at 8:37 p.m. KODIAK ISLAND BOROUGH ATTEST: J rrol Frien , ayor K Nova M. Javier, MMC, B ough Clerk Approved on: October 16, 2014 ,,l E Kodiak Island Borough Assembly Regular Meeting Minutes September 18, 2014 Page 1411