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2016-05-19 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 19, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on May 19, 2016, in the Assembly Chambers of the Kodiak Island Borough building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Richard Greene of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Administrative Official Bob Pederson, Deputy Clerk Angela MacKenzie and Assistant Clerk Laurie Pardoe. CROW moved to excuse Assembly member Peterson who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 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 March 17, 2016. These were approved under consent agenda. CITIZENS' COMMENTS Ted Nussbaum spoke in favor of agenda item 13.D.1. Owners Request for Review of a Planning and Zoning Commission Action Denying a Rezone of Lots 10 thru 13, Block 31, East Addition Subdivision. Dave Townsend spoke in favor of Ordinance No. FY2016-12 Denise May spoke in favor of Contract No. FY2016-28 and the inclusion of Larsen Bay within the scope of the project. Judith Clayton expressed appreciation of the Assembly's support of Contract No. FY2016-28 Playground Equipment Procurement project. AWARDS AND PRESENTATIONS Discover Kodiak Director Chastity McCarthy presented a program update and a 2017 fiscal year funding request. Fire Chief Howard Rue provided a brief update to the Assembly on the Bayside Fire Department. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1683 COMMITTEE REPORTS Assembly member Rohrer announced that Providence Hospital was conducting a Community Health Needs Assessment survey and encouraged people to participate by supplying feedback on services they provide. PUBLIC HEARING 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). ROHRER moved to adopt Ordinance No. FY2017-01. This ordinance would budget for FY2017 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. This ordinance would set FY2017 mill rates and sets the tax rates for commercial aircraft. ROHRER moved to amend Ordinance No. FY2017-01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, and Symmons. Mayor Friend opened the public hearing Denise May inquired if part of the tax revenue would be made available for projects benefiting villages and rural communities. Scott Arndt requested that the Assembly apply a half mill or at least a quarter mill reduction to the mill rate with perhaps another reduction for the following year. Mayor Friend closed the public hearing. ROHRER moved to postpone Ordinance No. FY2017-01 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Rohrer, Skinner, Symmons, and Crow. BOROUGH MANAGER'S REPORT Administrative Official Pederson reported on the following: • The Chiniak timber contract and detailed plan of operations had been approved. • On Tuesday, May 17 the City of Kodiak thorough their contract with DOWL held a second public open house on their Near Island Development Plan. • Next Tuesday there would be a meeting held by the City of Kodiak and DOWL regarding the Downtown Pedestrian Connection Plan. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1684 MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported on the following: • The new Borough Manger would be starting on Monday, May 23. He and his family would be do due to arrive to the island by ferry at 11 a.m. on Saturday, May 21. UNFINISHED BUSINESS 1. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. The motion before the Assembly was move to adopt Ordinance No. FY2016-12. This was postponed from the February 4, 2016 and May 5, 2016 regular meetings. This ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. Building Official Doug Mathers provided additional information which was provided in the packet regarding the Joint Building Code Review Board's discussion regarding this ordinance. LEDOUX moved to amend Ordinance No. FY2016-12 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Skinner, Symmons, Crow, and LeDoux (Ayes); Rohrer (No). CROW moved to postpone Ordinance No. FY2016-12 to allow staff to redraft language and submit it for the borough attorney's review. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, and Rohrer. NEW BUSINESS Contracts 1. Contract No. FY2016-28 Playground Equipment Procurement. SKINNER moved to authorize the Manager to execute Contract No. FY2016-28 with Playcraft Direct, Inc, of Grants Pass, Oregon for Playground Equipment Procurement. One of the bond projects approved by voters in the 2014 election was replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. A primary goal for this project was to allow each community input into the selection of playground equipment for their school. With that goal in mind, a Request for Proposals (RFP) for an equipment supplier was issued on October 9, 2015 in accordance with Kodiak Island Borough Code (KI BC) 3.30.110 Competitive Sealed Proposals - Negotiated Procurement. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1685 Some of the pertinent portions of KIBC 3.30.110 included: • A. If the manager determines that use of competitive sealed bidding is not practicable, the borough may procure supplies, services, or construction by competitive sealed proposals. • B. The manager shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. • F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to be most advantageous to the Borough. The issued RFP stated "It is KIB's intent to work with the selected Supplier to design equipment packages that meet each schools needs and space as well as the project budget." In accordance with KIBC 3.30.110 the RFP detailed the evaluation and selection process that would be followed, including scoring criteria such as quality and durability of equipment, ability to meet delivery timelines, and overall quality of proposal. Proposers were asked to provide a cost estimate for a sample playground to use as a basis of comparison for cost among suppliers, but that sample playground cost was only one of the evaluating criteria. The Alaska Department of Education and Early Development provided review and approval of the RFP including the process of selecting a supplier based on qualifications. This project was eligible for 70% reimbursement by the State. Responses to the RFP were received on November 3, 2015. Nine proposals were received, and were scored by a committee of staff from the Engineering/Facilities Department and Kodiak Island Borough School District. The proposals were scored based on the criteria detailed in the RFP. The scores of the review committee were averaged to provide a ranking of all nine proposers. The top two proposers, Playcraft Direct and Playcraft Systems, received the same score. After contacting references and further evaluation by the Engineering/Facilities Director and the review committee, Playcraft Direct was selected as the top proposer. Award of this contract did not obligate the Borough to expend any funds. If the Assembly approved this contract, staff would work with Playcraft Direct to produce several equipment design options for each school. These options would be provided to the individual schools and villages so they could select what best suits their needs. This approach would allow staff to ensure that equipment selected was within the project budget. Once the equipment selections would be made, then staff would prepare a change order for the cost of the equipment. The total budget for equipment was approximately $250,000. Assuming the change order total was more than $200,000, it would be presented to the Assembly for approval in accordance with KIBC 3.30.100. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1686 Once the equipment was ordered Playcraft Direct would provide installation instructions for staff to compile a bid package for an installation contractor. This bid package was tentatively scheduled to be issued in late 2016, so the installation work could occur during summer 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, and Skinner. Resolutions 1. Resolution No. FY2016-34 Accepting the Recommendation of the Borough Lands Committee Recommending the Disposal of Certain Borough Lands as Surplus to the Public's Need and Authorizing Staff Action to Make the Recommended Parcels Ready to be Sold at a Future Land Sale. LEDOUX moved to adopt Resolution No. FY2016-34. The Kodiak Island Borough Lands Committee (BLC) had been meeting since December 16, 2015 to review all vacant borough lands with residential development potential. The focus of the committee was intended to address the perceived need for additional residential land within the community, particularly in the urban and suburban areas of the road system. The BLC adopted Resolution No. FY2016-01 with recommended parcels that it believed were suitable for disposal. The committee had targeted Fall 2016 for next land sale and it was imperative that staff efforts be taken immediately to make these parcels ready for sale if this time frame was to be achieved. Some parcels would need comprehensive plan amendments and zoning changes. Others would need survey and platting. Staff would endeavor to expedite the reviews to the greatest degree possible under the applicable codes. Several of the parcels identified and recommended by the BLC had already been approved for disposal by the assembly previously but then removed from prior land sales. The committee believed the need for residential land in the community was sufficient to overcome prior challenges to the disposal of these parcels. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Rohrer, Skinner, and Symmons. 2. Resolution No. FY2016-35 Approving a License Agreement for the Temporary Outdoor Storage of Displaced Mobile Homes. SKINNER moved to adopt Resolution No. FY2016-35. This Resolution was requested by Assembly member Crow to help the displaced residents and mobile home owners at Jacksons Mobile Home Park (JMHP). The residents of the JMHP had received eviction notices that they must move their homes by May 30, 2016. KIB Ordinance No. FY2016-03 permitted the temporary storage of mobile homes in the C - Conservation and PL -Public Use Land zoning districts if said mobile homes were displaced under AS34.03.225. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1687 Two KIB owned locations had been identified as suitable for temporary storage: one at the end of Selief Lane and one located at the Borough Landfill. This License agreement would approve for use, and the two locations/lands identified be provided in accordance with the license agreement. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: LeDoux, Skinner, Symmons, and Crow (Ayes); Rohrer (No). Ordinances for Introduction 1. Ordinance No. FY2016-20 Amending KIBC Title 12 Naming Buildings, Public Facilities, Streets and Sidewalks Chapter 12.10 Changes to Existing Street Names; and Title 15 Building and Construction Chapter 15.4 Building Numbering. Kodiak Island Borough addressing authority was introducing this ordinance in order to clarify addressing and street naming procedures. This item was approved under the consent agenda. Other Items 1. Owners Request for Review of a Planning and Zoning Commission Action Denying a Rezone of Lots 10 thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential TO R3 -Multifamily Residential (KIBC 17.205.055B) (P&Z Case No. 16-012). ROHRER moved to direct staff to prepare an ordinance for introduction for rezone at the next regular meeting of the Assembly. This review involved a request to rezone four lots from R2 -Two-family Residential to R3 - Multifamily Residential (P&Z Case No. 16-012). The four lots in question had been developed as two parcels since the late 1960's (Lots 10-11 as one parcel and Lots 12-13 as one parcel). Multi -family residences were established on both parcels and were legal nonconforming uses in R2 zoning, as both were constructed prior to June 5, 1980. Because each structure crossed the property line separating the two respective lots and those respective lots were under contiguous ownership and shared common right-of-way frontage, the two lots were considered to be undivided parcels for the purposes of zoning (per a Borough attorney legal memo from August 5, 1986). A rezone to R3 would extinguish the nonconforming use and potentially allow for expansion of the existing multi -family residences through the construction of additional dwelling units, provided all requirements of current zoning code could be satisfied. The rezone would also allow both structures to be reconstructed as multi -family residences should either structure ever be destroyed by fire or other means (prohibited as currently zoned). It is important to note that this rezone would not bind the applicants to the existing multi -family dwelling use. Once rezoned, any use permitted in R3 zoning might be established on either of the parcels. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1688 The timeline of this request is: • The applicants submitted their rezone request on February 1, 2016. • Staff recommended that the Planning and Zoning Commission approve the rezone request. • The Planning and Zoning Commission held a public hearing at their regular meeting on March 16, 2016. • A motion to approve the rezone failed on a 3-3 vote. • Pursuant to KIBC 17.205.055(B), the Planning and Zoning Commission's denial of a proposed rezone shall be final unless the initiating party requests that the Commission's action be taken up by the Assembly. • Such a consideration by the Assembly is not an appeal. • The applicant requested that this rezone denial be taken up by the Assembly by letter dated March 21, 2016. • On April 20, 2016 the Planning and Zoning Commission adopted findings of fact in support of their decision. Final minutes would be forwarded to the Assembly upon Planning and Zoning Commission approval. ROHRER moved to postpone Owners Request for Review of a Planning and Zoning Commission Action Denying a Rezone of Lots 10 thru 13, Block 31, East Addition Subdivision FROM R2-Two Family Residential TO R3-Multifamily Residential (KIBC 17.205.055B) (P&Z Case No. 16-012) to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Crow and LeDoux,. 2. Declaring a Seat on the Mission Lake "Tidegate" Service Area Board Vacant (Ms. Marian Johnson). ROHRER moved to accept, with regret, the resignation of Ms. Marian Johnson from the Mission Lake "Tidegate" Service Area Board and direct the Borough Clerk to advertise the vacancy per Borough code. Ms. Marian Johnson had served on the Mission Lake "Tidegate" Service Area Board since August of 2002. Ms. Johnson announced her resignation to clerk staff on May 10, 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, and Rohrer. CITIZENS' COMMENTS Judi Kidder responded to Assembly concerns mentioned in the discussion of Resolution No. FY2016-35 and discussed procedural due process and the role of the Planning and Zoning Commission. Jeff Stewart responded to Assembly discussion of Ordinance No. FY2016-12 with regard to various building and fire codes. Chastity McCarthy commented on Borough revenue from transient head tax, bed tax, and other benefits from tourism. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1689 Denise Mav thanked members of the Assembly for coming to the rural forum and thanked Mayor Friend for suggesting staff and Assembly travel to the rural communities. She cautioned the use of the term "urban" on maps and other publications as Kodiak is classified as "rural" for subsistence purposes. Brent Watkins cautioned the Assembly from having off -agenda discussions during meetings and congratulated the Assembly on the Borough land sale process. Dave Masinter asked for help with trailer disposals for residents of Jackson Mobile Home Park who were being processed for eviction. Scott Arndt advised against storage of mobile homes on the lot at landfill, discussed potential liability for damage from rats, and cited an example of damage to equipment stored on adjacent property. ASSEMBLY MEMBERS' COMMENTS Assemby member LeDoux discussed the Rural Regional Leadership Forum and encouraged Assembly members to take the opportunity to visit the communities they individually represent. He requested that time be set aside at meetings for village representatives to make presentations to the Assembly. He congratulated the graduates and parents of the class of 2016 at the rural sites. He expressed appreciation for the discussion on building codes. He announced that he was looking forward to Crab Festival. Assembly member Symmons related his experience from a recent visit to Bayside Fire Station and announced that he was looking forward to the first meeting of the Marijuana Task Force. He thanked candidates for applying for the vacant seat on the Assembly. He expressed his desire to meet individual borough staff members. He discussed transparency and expressed appreciation for Brent Watkins' interjection during the meeting. Assembly member Rohrer expressed appreciation for Scott Arndt's comments about the landfill site and complimented Chief Rue for his hard work. He discussed cruise ship head tax issues in Southeast Alaska and asked that staff investigate those issues to ensure that Kodiak avoids making similar violations. He thanked those visiting from Port Lions for attending and announced that he would not be present the following week. Assembly member Skinner discussed ideas for a summary budget sheet. She clarified the required use of bed tax revenue as outlined by code and the necessity for an orderly way to make decisions for those public funds. Announcements — Mayor Friend Mayor Friend announced that the next Assembly work session would be held on Thursday, May 26 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, June 2 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes May 19, 2016 Page 1690 ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Rohrer, and Skinner. The meeting was adjourned at 9:48 p.m. ATTEST: ^ l Bova M. a, - vier, MMC, o ough Clerk Kodiak Island Borough May 19, 2016 KODIAK ISLAND BORLUGH Approved on: July 21, 2016 Assembly Regular Meeting Minutes Page 1691