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2016-07-07 Regular MeetingAssembly Regular Meeting July 7, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on July 7, 20116, 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 David Davis 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, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. SKINNER moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of May 5, 2016 were approved under the, consent agenda. CITIZENS' COMMENTS Fire Chief Howard Rue announced that the Bayside Fire, Department had been testing fire hydrants within the borough over the past flew weeks. He gave a brief explanation of the benefits and outcomes of testing the hydrants and that regular testing would improve the ISO rating of the fire department. He explained the kind of maintenance that would be done and improvements that would be made as result of their findings. He asked members of the public to call the fire department if they had any questions. Betty MacTavish discussed proper etiquette when traveling to villages on tribal lands. She reminded the Assembly of Kodiak Island Borough Code 2.350.010 Conflicts of Interest Prohibited. She also voiced several concerns over the process of decreasing funding for non- profits. AWARDS AND PRESENTATIONS Engineering and Facilities Director', Bob Tucker, provided' a brief departmental update to the Assembly on the following: • Department staffing level needs • Borough -wide safety program training • Facilities Maintenance ® Landfill, Baler, and Leachate Treatment Plaint Operations • Tsunami Siren refurbishment • Village metals removal project • Bear resistant dumpsters near the airport • Playground equipment site four through the villages • Other projects in progress Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1711 COMMITTEE REPORTS Assembly member LeDoux reported that the Borough Lands Committee (BLC) meets bi-weekly and discussion is productive. Under consideration was the idea of holding an Island -wide Land Summit for land -holders to discuss a master land use long term plan. He complimented BLC member Matt Van Daele for his contribution to the committee. PUBLIC HEARING 1 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of An ±18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From Commercial/Business To Industrial/Light Industrial (P&Z Case No. 16-017). PETERSON moved to adopt Ordinance No. FY2016-23. This request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (P&Z Case No. 16-017). A Comprehensive Plan amendment was a necessary prerequisite to rezone the subject lot from B -Business 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. 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 May 18, 2016 regular meeting., The Commission voted unanimously to recommend that the Assembly approve the amendment. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Smiley, and Symmons. 2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of Lot 2, U.S. Survey 1673 From B -Business District to I -industrial District (P&Z Case No. 16-018). LEDOUX moved to adopt Ordinance No. FY2016-25. This rezone request followed a request to amend the 2008 Comprehensive Plan, changing the Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (KIB Ordinance No. FY2016-23). Upon finalization of Ordinance No., FY2016-23, the rezone to I -Industrial would be consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on the amendment request at their May 18, 2016 regular meeting., The Commission voted unanimously to recommend that the Assembly approve the rezone. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1712 The Clerk's, Office mailed out five public hearing notices on Friday, June 17, 2016. None were, returned by the close of business on July 7, 2016. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Smiley, Symmons, and Crow. 3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S. Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland Lease From Conservation To Industrial/Light Industrial (P&Z Case No. 16-013). PETERSON moved to adopt Ordinance No. FY2016-24. This request was made by the Kodiak Island Borough Community Development Department to correct a mapping error in the 2008 Comprehensive Plan. The parcels had a Future Land Use Designation of Conservation in the plan. Prior to adoption of the 2008 Comprehensive Plan, the future land use of the area was designated Industrial, per Ordinance No. 81-8-0. The area was zoned 1 -Industrial by Ordinance No. 81-9-0. Staff believed that the identification of these parcels as having a Future Land Use Designation of Conservation was an administrative oversight, and that amending the adopted 2008 Comprehensive Plan maps was necessary. The Planning and Zoning Commission held a public hearing on this amendment request at their March 16, 2016 regular meeting. The Commission voted five to one to recommend that the Assembly approve the amendment. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Smiley, Symmons, Crow, and LeDoux. 4. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential TO R3 -Multifamily Residential (P&Z Case No. 116-012). ROHRER moved to adopt Ordinance No. FY2016-26,, At the March 16, 2016 Planning and Zoning Commission regular meeting, the Commission held a public hearing on this request to rezone four lots from 132 -Two-family Residential to R3 - Multifamily Residential (P&Z Case No. 16-012). Following the public hearing, a motion to recommend that the Borough Assembly approve the rezone failed on a three to three vote. Findings of fact in support of the denial were adopted by the Commission at their April 20, 2016 regular meeting. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1713 Pursuant to KIBC 17.205.055.13, the initiating party filed" a written statement with the Clerk's office requesting that the Commission's action be taken up by the Borough Assembly. At the June 2, 2016 Borough Assembly regular meeting, the Assembly reviewed the request and approved a motion to direct staff to prepare a rezone ordinance for introduction at the next regular meeting. Staff prepared the ordinance for introduction at the June 16, 2016 regular meeting. At that meeting, the Assembly approved a motion to adopt the ordinance in first reading and advance it to public hearing at the next regular meeting. Public hearing notices were sent to property owners per Borough Code. The Clerk's Office mailed out 47 public hearing notices on Friday, June 17, 2016. 'Three were returned by the close of business on July 7, 2016. Mayor Friend opened the public hearing. Stephen Foreman spoke in favor of Ordinance No. FY2016-26. As an owner it would allow him to consider using the garage basement as a studio apartment. It was not his desire to sell property in the future. He hoped it would be an investment for him and good for the community. Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Rohrer, Smiley, Symmons, LeDoux, and Peterson (Ayes); Skinner and Crow (Noes). LEDOUX moved to adopt the following findings of fact in support of the adoption of Ordinance No. FY2016-26. Findings o,f Fact 1. The site was adjacent to existing R3 zoning and multi -family uses to the west. 2. This rezone would recognize the long standing multi -family uses on these parcels, which had harmoniously coexisted with existing uses in the surrounding area for over four decades. 3. The rezone was consistent with the historic character of the surrounding neighborhood. The rezone was consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Smiley, Symmons, LeDoux, Peterson, and Rohrer (Ayes); Skinner and Crow (Noes) BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Working with the Finance department on financial issues • Public concerns about fireworks • Attended training on tsunami issues in the Kodiak Island Borough • Hospital lease negotiations MESSAGES FROM THE BOROUGH MAYOR Mayor Friend announced that this was Bob Pederson's last meeting and thanked him for his service. Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1714 JNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Professional Legal Services With Levesque Law Group, LLC For A Period Of One Year. PETERSON moved to authorize the manager to execute Contract No. FY2014-10A and direct the manager to renegotiate, the fee schedule. The Kodiak Island Borough Assembly appointed Mr. Joe Levesque of Levesque Law Group, LLC as the Kodiak Island Borough Attorney per Resolution No. FY2013-33. The resolution also authorized the manager to execute Contract No. FY2014-1 0. Contract No. FY2014-1 0 original three year term expired in June 25, 2016. The contract term in Section 5, Term allowed for an extension upon mutual consent of parties and in Section 6, Compensation stated option of three, one-year extensions at the Assembly's option. It further stated that lif the Assembly opted to extend the contract, the fee schedule may be negotiated. ROLL CALL VOTE ON MOTION CARRIED, UNANIMOUSLY- Smiley, Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. 2. Contract No., FY2017-06 Providence Kodiak Island Counseling Center Of Kodiak, Alaska To Provide Mental Health Services For The 2016-2017 School Year. LEDOUX moved to authorize the Manager to execute Contract No. FY2017-06 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2016-2017 school year in an amount not to exceed $400,000. The contract with Providence Kodiak Island Counseling Center provided mental health services for Kodiak Island Borough schools. The contractor had worked with the school district to identify ,and document a mutual understanding of the program's scope within the budgeted amount. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, Skinner, and Smiley. 3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rainsheet Project. ROHRER moved to authorize the Manager to execute Contract No. FY2017-05 with Brechan Construction LLC of Kodiak, AK for the Landfill Lateral Expansion Cell 1 Rainsheet project in an Amount Not to Exceed $288,418. Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the Landfill Lateral Expansion Cell 1 Rainsheet project. The scope of work was to provide and install a 24 -mil reinforced polyethylene cover over part of Cell 1, an area of approximately 160,000 square feet. The rainsheet would prevent rainwater from entering the leachate collection system, thereby reducing the volume being treated at the new treatment plant and reducing operational costs. An analysis by engineer CH21M Hill estimated installation of the rain sheet woulld divert approximately four million gallons of rain water per Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1715 year from the treatment plant. The rainwater would collect at the bottom of Cell 1 and be pumped into the landfill storm water system. The rainsheet project was presented to the Assembly at the work session on March 10, 2016, and staff were directed to proceed with issuiing a request for bids. An invitation to bid was issued on May 13, 2016, and bids were due and opened on June 14, 2016. One bid was received from Brechan Construction LLC. Brechan provided all the required documents, and previously installed a similar product during Phase 2 of the Landfill Lateral Expansion project. Funds were available in the Landfill Lateral Expansion: project budget for the work. The total project budget was still within the $32 million previously approved by the Assembly. The staff hours required for operation and maintenance of the pump would be performed as regular maintenance tasks, and would not have an effect on landfill or treatment plant staffing. The work was scheduled to be completed by October 15, 2016. Staff recommended award of this contract to Brechian Construction LLC,, ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Smiley, and Symmons. Resolutions 1 *Resolution No. FY2017-03 AML JIA Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The resolution would authorize continued Borough, participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough had participated in the Loss Control Incentive Program since 2006. Participation, in the program required the resolution as well as monthly safety meetings, bi-annual facilities self -inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. This item was approved under the consent agenda. 2. Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency For The Alaska State Legislature To Take Immediate Action During The Fifth Special Session Of The 29th Legislature To Pass All Necessary Fiscal Legislation Required To Provide For A Fair, Balanced, And Sustainable State Budget. ROHRER moved to adopt Resolution No. FY2017-04. This was a municipal resolution in support for a State Fiscal Solution. John Hozey, Deputy Chief of Staff, Office of the Governor had asked that Alaska Municipal League urge its membership to pass a resolution. The next scheduled special session would begin Monday, July 11 th and this resolution would be submitted to the Legislature upon passage. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: LeDoux, Peterson, Rohrer, Smiley, Symmons, and Crow (Ayes); Skinner (No). Ordinances for Introduction Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1716 10 0=1 - Other Items 1 Assembly Approval To Expand The Harvest Timber Area Per Contract No. FY2016-45, Section 11 R. PETERSON moved to approve the boundary change for salvage timber harvest under KIB Contract No. FY2016-45, as provided in the attached exhibits for this request. A-1 Timber had proposed to adjust the harvest boundary in the Detailed Plan of Operations for Chiniak timber salvage related to Contract No. FY2016-45. Section 11 R of the contract required assembly approval of any expanded harvest area. The proposal would increase the harvest area by 7.9 acres and return 1.1 acres of green timber to be placed outside the harvest boundary. This resulted in a net increase of 6.8 acres. The justifications for the proposed boundary changes were summarized in a letter from the borough's contract inspector. Staff had added letters A-E to the map and the accompanying letter in order to help identify the specific areas in question. lncreased familiarity with the site and further changes to the timber had made it easier to discern full extents of the fire damage at the edges. During contract negotiations there was community support for clearing timber that may imperil electrical lines serving the community. The amendment was not intended to systematically address these concerns, but it would be a substantial "fine tuning" of the harvest plan that would incidentally address some of the community concerns about electrical outages caused by falling trees. It was expected that the increase of salvage harvest area would have a smalls but positive fiscal impact to borough revenue. For this reason staff had not incorporated a fiscal note with this request. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Peterson, Skinner, Smiley, Symmons Crow, and LeDoux (Ayes); Rohrer (No). ,CITIZENS' COMMENTS Betty MacTavish spoke to private use of borough vehicles, developing a non profit packet rubric, Mill Bay beach usage, marijuana forums in Alaska, considering the advisement of the public, and housing issues in Kodiak. ASSEMBLY MEMBERS'COMMENTS Assembly member Rohrer wished Bob Pederson well in his move. He spoke his opposition to Contract No. FY2016-45 as much time and effort went into defining the salvage area, and he would have preferred that due diligence had been done up front by all parties. He hoped it would be the last change to the contract going forward. He expressed appreciation that green trees were found and that the contractor brought the information forward. Assembly member Crow thanked the Boy Scouts for cleaning up a bandit shooting range. He spoke to non profit funding and several issues that were highlighted in lobbyist Brad Gilman's report from June 29. He encouraged people to lobby on behalf of issues of importance to Kodiak on federal or state levels. Assembly member Skinner encouraged people to consider becoming involved in local government or run for open seats in the upcoming municipal election. She suggested it would be helpful to obtain itemized reports on the projected use of the renewal and replacement fund Kodiak Island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1717 and the interest earned on the facilities fund for 2017. She appreciated Assembly member Crow's comments regarding non profit funding. She encouraged further discussion on strategies for handling these funds in a tight financial climate. She encouraged the public to comment concerning which non profits they wished to receive funding. Assembly member Sym:mons spoke to legal procedures for the Assembly. He spoke to seeking input from the public in making sound decisions. He wished to clarify a potential misunderstanding, stating that a highlighted list of non profits presented at the previous work session had been composed by the Assembly and not by a member of staff. He encouraged the public to comment concerning non profit funding. Assembly member LeDoux requested that information be made available on the Borough website regarding the Governors' vetoes and their fiscal impacts on the Borough and the school district budgets. He suggested that the Assembly invite a representative of Alaska Aerospace to present at a future meeting. He spoke of the necessity for the public to have quick access to voice concerns to the government and receive a response m a timely manner. He spoke to the effects of hard financial times and his recent visits to the local food banks. He expressed gratitude to the Parks and Recreation department for maintaining parks and activities for kids. He spoke in favor of grandfathering the parking requirements for residential buildings as many homes would not meet current parking requirements if they had to rebuild. He suggested that the Borough go out to bid on projects such as a staircase for Mill Bay beach to learn the real cost in time and money. He expressed his appreciation for being able to live in such a wonderful community., Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, July 14 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, July 21 at 6:30 p.m., in the Borough Assembly Chambers. SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY- Rohrer, Skinner, Smiley, Symmons, Crow, LeDoux, and Peterson. The meeting was adjourned at 9:00 p.m. KODIAK ISLAND BOROUGH Ile 6 Z- ATTEST: Jerrol Friend, Mayor Ca M. Javier, MMC, Boougfi Clerk Approved on: September 1, 2016 Kodiak island Borough Assembly Regular Meeting Minutes July 7, 2016 Page 1718