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2015-12-17 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting December 17, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on December 17, 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Will 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. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of November 5, 2015 and December 3, 2015 and special meeting minutes of November 12, 2015, were approved under the consent agenda. AWARDS AND PRESENTATIONS Received an Update From the Engineering and Facilities Department Staff regarding the Landfill and High School Projects. CITIZENS' COMMENTS Neal Cooper noted the State Budget shortfall and urged the Assembly to be more mindful of the budget and how monies would be spent. He was in favor of a community forum to have discussion of those issues. Mr. Cooper urged the Assembly to pass an Ordinance to opt out of marijuana. Monashka Bay Road Service Area Road Chair Tom Lance expressed gratitude to Construction Inspector/Engineer Dave Conrad for his attention to the service area residents, for addressing landfill problems, water quality issues, and noise concerns. Judi Kidder voiced concerns about the Accessory Dwelling Units (ADU) and property rights. She commented on a lack of due process and denial of property rights for the Jackson Mobile Home Park (JMHP) owners. David Masinter appreciated the time allowed for citizens' comments and opted to lend his time to Neal Cooper. Clarification was given by Clerk Javier stating there was nothing specifically in the code prohibiting but that it was up to the Assembly to decide. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1607 Assembly members Stephens, Crow, and LeDoux suggested that the citizen speaking should request more time at the time of their comments. Monique Lewis commented on the process of the Emergency Management in Kodiak and noted the importance of a formal after action review with the different agencies involved in the Twin Creeks Fire in Chiniak that happened August 28, 2015. She mentioned that FEMA Grants were available for supplies and training after a formal after action review had taken place. David Masinter voiced concerns regarding the lack of communication/information from the new landowner of the JMHP to its tenants. COMMITTEE REPORTS Scott Arndt, Planning and Zoning Commission Chair, noted that he was dissatisfied with the process of requiring Comprehensive Plan changes before a rezone could take place. He noted that he expressed his concerns to the Community Development Department staff and was dissatisfied with the response he received. He applauded the Assembly for their initiative to get this changed. Mr. Arndt provided an additional update regarding the current work that was before the Planning and Zoning Commission. Assembly member Skinner reported on the Kodiak Fisheries Work Group (KFWG) meeting of December 16 and announced the next KFWG meeting was scheduled for January 13 at 8:30 a.m. She noted that the Fishery Analyst Heather McCarty attended the North Pacific Fishery Management Council (NPFMC) meetings and reported on the Gulf Trawl By-Catch Management Action. She noted that additional dialogue with the processor sector would occur in the near future. The NPFMC was scheduled to meet in Kodiak this summer. Assembly member Symmons gave a report that the Kodiak Work Force Regional Advisory Council would reengage at the beginning of 2016. Assembly member LeDoux noted the importance of the NPFMC meetings being held in Kodiak. The policies they set affect the vitality of Kodiak and the issues were fairly complicated. He advocated that the Assembly would benefit from getting a simplified fishery related presentation from Mr. Duncan Fields and Assembly member Skinner. Assembly member Peterson announced his and Assembly member Skinners attendance of the Kodiak College Advisory Council at 7 a.m. that morning and noted that many things were covered including the University of Alaska Fairbanks Kodiak Seafood Marine Science Center. They put together a task force lead by Dan White who would be working on this issue to provide options over the next year. He mentioned the Kodiak College held its annual strategic planning this past October. Mayor Friend announced that the Borough Lands Committee held its very first meeting on December 16 and he was excited for the potential of the committee in exploring different options and programs for affordable lands and housing in Kodiak. Per Borough code the committee was required to meet at least once a quarter, he hoped that they would meet at least twice a month. PUBLIC HEARING A. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1608 LEDOUX moved to adopt Ordinance No. FY2016-07. There was a growing awareness of the need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address the multiLfaceted issue. Some of the existing regulatory requirements for recreational vehicle parks had been noted as a disincentive for establishing new recreational vehicle parks or expanding existing parks. The amendments address the issue by reducing or eliminating some of the zoning requirements for recreational vehicle park development. The Planning and Zoning Commission held work sessions and/or special meetings to review the proposed amendments on August 12, September 2, September 9, October 7, October 14, and November 10, 2015. The Commission held public hearings on the amendments at their September 16, and November 18, 2015 regular meetings. Following the November 18, 2015 public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending KIBC Chapters 17.25 and 17.165, and related Chapters of Title 17, Zoning to revise and update the standards for recreational vehicle parks in the Borough. David Masinter and Judi Kidder spoke to 'conflicting Ordinances between the two governing bodies and suggested some coordination with the City of Kodiak to ensure compliance. Assembly member Rohrer requested clarification on recreational vehicle (RV) use and the capacity that RVs were used at the VFW RV Park. Community Development Department Director Pederson responded the ordinance would not affect the VFW RV Park; it was grandfathered in. 11 Assembly members Stephens, Crow, and Symmons requested to see the attorney's opinion. Assembly member Skinner asked for clarification regarding exhibit A, Community Development Director Pederson clarified the exhibit would only exist as a reference to the adopted ordinance. Assembly member LeDoux asked if there was an administrative procedures manual or book of interpretations because it was hard to know what was really being voted for. Manager Cassidy responded that there was a book of interpretations in the Community Development Department but that it may not cover all applications. CROW moved to postpone to the next regular meeting of the Assembly. Assembly members Rohrer and Peterson asked for clarification as to what was expected from staff during the postponement. It was further clarified the expectation was to make the Attorney's opinion available to the Assembly and then review the Ordinance again. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. B. Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest. ROHRER moved to adopt Ordinance No. FY2016-09. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1609 The ordinance would amend Section 3.40.060 to revise the penalty applied to the tax due upon a person who failed to file a personal property assessment return. ROHRER moved to amend Ordinance No. FY2016-09 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, Stephens, and Crow. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. BOROUGH MANAGER'S REPORT Manager Cassidy Reported on the following: • An update to the Landfill would be presented at the next meeting • Gave final update on the removal of metals from the outlying communities • Assessing staff members were now certified appraisers and noted the importance of having the designations as those designations were mandated by the State MESSAGES FROM THE BOROUGH MAYOR Mayor Friend asked that the Assembly be understanding of Borough staff as they are trying their best to fulfill requests and their everyday duties. He asked that the Assembly be more specific with their expectations in the future. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial (P&Z Case No. 16-003). LEDOUX moved to adopt Ordinance No. FY2016-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. The request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industrial/Light Industrial. A Comprehensive Plan amendment was a prerequisite to rezone the subject lot from C-Conservation to I-Industrial. If the Future Land Use designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1610 Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a,public hearing on the amendment request at their November 18, 2015 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, Crow, LeDoux, and Peterson. 2. Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens' Comments. PETERSON moved to adopt Ordinance No. FY2016-11 in first reading to advance to public hearing at the next regular meeting of the Assembly. The purpose of the ordinance was to change the commencement and adjournment for Assembly regular meetings and regular work sessions. The ordinance also provided flexibility to call other meetings and work sessions as the Assembly deems appropriate as long as reasonable public notice was given. Staff checked with KMXT Manager Mike Wall and he stated that the meeting time change could be accommodated and they would continue the broadcasting of Assembly meetings. The Assembly also requested that Section 2.30.060 Order of Business and Agenda be amended by switching the order of awards and presentations and citizens' comments. STEPHENS moved to Amend Ordinance No. FY2016-11 by moving line 98 above line 97. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Symmons, Stephens, Crow, LeDoux, Peterson, and Rohrer. ROLL CALL VOTE ON MOTION AS AMMENDED CARRIED UNANIMOUSLY: Symmons, Stephens, Crow, LeDoux, Peterson, Rohrer, and Skinner. Other Items 1. Mayoral Appointment to the Planning and Zoning Commission City Seat of Mr. Barry Altenhof. PETERSON moved to confirm the Mayoral appointment of Mr. Barry Altenhof to the City Seat on the Planning and Zoning Commission for a seat to expire December 31, 2018. There were currently two vacant City seats on the Planning and Zoning Commission. The seats had been advertised per Borough Code and an application was received from Mr. Barry Altenhof. The City of Kodiak forwarded its recommendation of Mr. Altenhof to the seat to expire � December 2018. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1611 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Crow, LeDoux, Peterson, Rohrer, Skinner, and Symmons. 2. Assembly Direction Regarding Future Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. LEDOUX moved to approve Assembly direction regarding future formatting of repealed section and subsections in the Kodiak Island Borough Code. At the December 3, 2015, regular meeting of the Assembly, direction was given to present a proposal regarding future formatting of repealed sections and subsections in the Kodiak Island Borough Code. Adopting the proposal would identify an action to be taken by staff in drafting future ordinances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. EXECUTIVE SESSION A. Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Cases. PETERSON moved to convene into executive session to discuss litigation, trial strategy, and tactics regarding the Markham Cases. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, Stephens, and Crow. LEDOUX moved to invite the Borough Mayor, Assembly, Manager, Assessor, Borough Attorney via teleconference, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. After the vote, Mayor Friend recessed the regular meeting at 10:12 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 90:52 p.m. and announced the Assembly had received an update on the litigation strategy provided by the Borough Attorney regarding the Markham cases and the Assembly provided direction to the Borough Attorney going forward. CITIZENS' COMMENTS Judi Kidder complemented the current Assembly for its intelligence and integrity. She commented on various topics such as the removal of scrap metals, Community Development Department (CDD) procedures and processes, and the administrative/arbitrary authorities of CDD staff. Scott Arndt commented on Ordinance No. FY2016-11 and suggested that the Assembly move citizens' comments before executive sessions. He also commented on Ordinance No. FY2016- 07 and offered clarification on the 180 day provision which would only apply to RV parks that didn't have utility hookups to each unit and the change to allow RVs as main dwellings during Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1612 the building of a home. Mr. Arndt suggest increasing the timeline out to June 2017 for the facilities grounds maintenance contract. Neal Cooper commented on Ordinance No. FY2016-11 expressing that the people need to be heard and there should be the flexibility to move things around to accommodate the citizens. Bob Pederson, Community Development Director„ voiced his concerns and noted that the accusations made by the Planning and Zoning Commission Chair that were directed at him were unacceptable. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow was glad to be at the meeting and realized that a lot of ground was covered at this meeting. Assembly member Peterson thanked Engineering and Facilities Staff members Matt Gandel and Dave Conrad for the presentations. Assembly member Stephens commented about the process of revising the Comprehensive Plan before a zoning change could take place. He noted that the Engineering presentation was excellent. He also commented that there had been tremendous progress with the availability of Borough information online. He wished everyone a Merry Christmas. Assembly member Rohrer thanked Engineering and Facilities staff for their presentations. Mr. Rohrer commented on the Comprehensive Plan suggesting it be placed on an agenda for further discussion. He commented on the meeting that the Borough Lands Committee held and felt that it was very productive. He wished everyone a Merry Christmas and a Happy New Year,. Assembly member Skinner wished everyone a Merry Christmas. Assembly member Symmons appreciated the comments received at the meeting. Assembly member LeDoux noted that Governor Bili Walker would be in Kodiak next week. He enjoyed the first Borough Lands Committee meeting that was held. He noted that some roads were dangerous and in bad shape and reminded the public to drive safe. He brought attention to the purpose of bringing up issues and that the focus should be on policies and procedures instead of personalities. Announcements The Mayor and a quorum of Assembly members may be in attendance of a Community Reception for Governor Walker on Monday, December 21, 2015 at 5 p.m. at the Afognak Native Corporation Building on Near Island. Mayor Friend announced the next Assembly work session would be held on Tuesday December 29 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 7 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT ROHRER moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1613 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, Crow, LeDoux, and Peterson. The meeting was adjourned at 11:30 p.m. KODI KIS D ?7UG ATT T: J' rrol Friend, Mayor Nova M. Javier, MMC, B ough Clerk Approved on: February 18, 2016 Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1614