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2016-10-06 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 6, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on October 6, 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 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 Jr., Dan Rohrer, Scott Smiley, and Dennis Symmons. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, Deputy Clerk Angela MacKenzie, and Assistant Clerk Laurie Pardoe. ROHRER moved to excuse Assembly member Rebecca Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Friend proclaimed the month of October 2016 as Domestic Violence Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. Mayor Friend proclaimed the month of October 2016 as Filipino American National History Awareness Month as established by the trustees of the Filipino American National Historical Society. Mayor Friend proclaimed the month of October 2016 as Fire Prevention Month and encouraged all citizens to test their smoke alarms at least every month and to support the many safety activities and efforts of the Borough volunteer fire departments and emergency services during the month. COMMITTEE REPORTS Assembly member Crow gave an update regarding the Kodiak Fisheries Work Group that was held on September 29. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 1 of 10 Assembly member Rohrer gave an update regarding the Marijuana Task Force and the Lands Committee. Assembly member Symmons gave an update regarding the Solid Waste Advisory Board's activities. Bayside Fire Chief Rue announced the open house scheduled on Monday, October 10. ROHRER moved to suspend the rules and move the Board of Adjustment (BOA) proceedings before Ordinance No. FY2017-17. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Friend recessed the regular meeting and convened the BOA at 6:58 p.m. Board Of Adjustment Appeal — Planning and Zoning Commission (P&ZC) Case No. 16- 010. Request A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B-Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). Mayor Friend announced the board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. The oral argument was held as follows: • Borough Staff: Community Development Director Sara Mason gave an overview of the project. She provided a recap of the events that transpired. She noted that the Borough does not have an ordinance that deals with cell towers and that there was clearly a need because at this point the applicant has to procure a permit. • Appellant: Mark Moderow, Senior Counsel Representing Alaska Wireless Network introduced his staff, expressed gratitude to the Community Development Department (CDD) and Clerk's Office staff for their attendance. He stated that GCI presented a complete and detailed application. He addressed each of the findings of fact adopted by the Commission. He noted that the request was consistent with the other towers in town and the tower was built to highest standards and would stand wind speeds. He asked the BOA to grant the variance. Private person supporting the appeal: Stosh Anderson spoke in support of the appeal and encouraged the BOA to allow the tower and grant the variance. He noted that it would help with providing the community better cell coverage. Considerations were also looked at to remain neighborly. • Private person opposing the appeal: Kevin Arndt was originally opposed to the variance because it would limit what he could do with his adjacent property. He discussed his concern about the fall zone, which was within his property (radius of his property). He asked if other parcels had been looked at for consideration. • Appellant for rebuttal: Mark Moderow voiced that a fall zone was not a requirement and it would be discriminatory to enforce it now. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 2 of 10 Board of Adjustment discussion: • In response to Assembly member Smiley, CDD Director Mason noted that all findings of fact from Staff were positive and in support of granting the variance. • In response to Assembly member Crow, Appellant Mark Moderow said that there was not an alternative place on Pillar Mountain. He noted that this site was literally the only site that was suitable to their needs. • In response to Assembly member Rohrer, the appellant noted that each provider by Federal law shall have adequate coverage on the road system. He explained the definition of adequate coverage. • In response to Assembly member Symmons, he said that the Borough would be in violation if they do not approve the request. • In response to Assembly member Peterson, he explained the coverage issues regarding LTE technology. He noted that the information was recorded and included in the packet. • Further discussion ensued regarding co-sharing/co-location of towers. Co -location was a recognized truce in the industry. • Mr. Arndt, in response to Assembly member LeDoux, noted that the P&ZC approved the 50 - foot tower and it was not a concern to him and would accept it. • CDD Director Mason noted that Brechan's yard was zoned business, which was the same zoning as the proposed parcels, and there were no setback requirements. • Assembly member Rohrer reiterated that the code did not address exceeding 50 feet. The Borough currently stated that buildings could not exceed 50 feet, what the appellant was requesting was a variance to exceed 50 feet. The commission did not present evidence on what this would do to the nature and character of the area that would be influenced unduly by the request of the additional 17 feet. CROW moved to reverse in whole the Planning and Zoning Commission's Decision on Case No. 16-010 Request Of A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network) and by substituting the findings of fact for those presented in the supplemental staff report with recommendation date April 6, 2016. The five findings of fact reflected are as follows: 1. To eliminate coverage gaps, a telecommunications tower must be located within the radio frequency search ring. 2. The strict application of the B -Business zoning fifty (50) foot building height limit would prohibit AWN's ability to eliminate a service gap. 3. Construction of a tower on the subject property will enhance public health, safety, and welfare by improving cellular communications in the immediate vicinity. 4. Construction of a 67' tall tower would be consistent with permitted uses and infrastructure within the B -Business zone and thus would not result in material damage or prejudice to other properties in the vicinity. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 3 of 10 5. This variance is consistent with various land use and economic goals in the 2008 Comprehensive Plan. 6. The special conditions from which relief is being sought are a matter of technological and geographic constraints. The applicant's request to construct a tower that exceeds the building height limit is an effort to overcome these conditions and provide better cellular service to the community of Kodiak. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Crow, LeDoux, Peterson, Smiley, and Symmons (Ayes); Rohrer (No). Mayor Friend announced that the Board of Adjustment was adjourned and reconvened the regular meeting at 7:53 p.m. PUBLIC HEARING 1. Ordinance No. FY2017-17 Placing A Temporary Moratorium On The Enforcement Of Those Sections Of Title 17 (Zoning) Of The Borough Code That Prohibit The Keeping Of Chickens And Other Animals Useful To People In The Rr-Rural Residential, R1 -Single - Family Residential, R2 -Two -Family Residential, And R3 -Multi -Family Residential Zoning Districts, And Initiating A Planning And Zoning Commission Review Of Title 17 (Zoning) Of The Borough Code To Consider Amendments That Will Allow Such Uses In Those Districts, And Directing Staff To Perform A Concurrent Review Of Chapter 6.04 (Animal Control) Of The Borough Code To Recommend Amendments That More Specifically Address The Control Of Chickens And Other Animals Useful To People. ROHRER moved to adopt Ordinance No. FY2017-17. The ordinance was requested and introduced by Assembly Member Crow in an effort to address public comment supporting the keeping of chickens and other animals useful to people in residential zoning districts. Although such activities were permitted uses in three low density residential districts, they were prohibited uses in one low density district and all medium and high density districts. The ordinance places a temporary moratorium on the enforcement of Title 17 Zoning codes that prohibit such uses in those residential districts and initiates a Planning and Zoning Commission code review to consider amendments that would allow such uses. The ordinance also directs staff to perform a concurrent review of Chapter 6.04 Animal Control to recommend amendments that more specifically address the control of chickens and other animals useful to people. The temporary moratorium only applied to enforcement of Title 17 Zoning codes. Title 6 Animal Control codes that address animal cruelty, control of animals, animal waste, etc., would continue to be enforced. 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, Smiley, Symmons, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 4 of 10 BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • Union and hospital negotiations • Juneau Lobbyist Mark Hickey's visit to Kodiak • Purchasing manuals and related documents were being revised MESSAGES FROM THE BOROUGH MAYOR Mayor Friend congratulated Assembly member Van Daele and Smiley and Mayor Rohrer. He appreciated everyone who ran for office. UNFINISHED BUSINESS 1. Contract No. FY2016-45A Amending Contract No. FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract, Between A-1 Timber Consultants, Inc. And The Kodiak Island Borough, To Provide An Exception To Section 11 Timber Operations, Subsection "C", Slash Operations. The item was postponed from the regular meetings of September 1 and September 15, 2016. The motion before the Assembly was to "Move to amend Contract FY2016-45 Twin Creeks Fire Salvage Timber Sale Contract Section 11, Timber Operations, Subsection "C" Slash Operations, between A-1 Timber Consultants, Inc. and the Kodiak Island Borough, by adopting the contract amendment identified as Substitute Version 2 of KIB Contract FY2016-45A. " Private property owners adjoining borough land had been considering the need to remove both fire damaged and live trees on their respective properties to be salvaged by the borough timber contractor A-1 Timber. While this constituted a separate arrangement between the property owners and A-1, the best way to remove the timber, with the least amount of disruption to other private property owners, was by bringing the harvested timber out over borough land. This would require limbing and topping to occur on borough land thereby creating additional slash piles. The creation of slash piles within 500 feet of residential properties was not permitted under KIB Contract No. FY2016-45, Section 11.C. For this reason staff recommended that an exception to the standard be allowed by the assembly so that the clearing of neighboring lots may proceed without undue cost to the property owner or the borough for moving slash beyond 500 feet that was generated from outside the designated borough salvage logging area. It was expected that the slash generated from this activity would still be located more than 200 feet away from the salvage logging boundary and much further from actual residential structures. Staff recommended that a written request form be required from each property owner acknowledging that slash from logging activities on their lot may be stacked within 500 feet of their respective properties. A map depicting the potential lots in question was attached to the packet. Note: The initial submittal for this agenda item was prepared on information relayed through the borough's forest management consultant. Staff put the information together for the original agenda item and copied it to A-1 Timber. A-1 Timber requested to have further input to clarify the implications of the contract language in order to facilitate a reasonable compromise. Staff Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 5 of 10 modified the motion below to recommend adoption of the Substitute Version 2 contract amendment. LEDOUX moved to postpone Contract No. FY2016-45A to the next regular meeting of the Assembly. LEDOUX moved to withdraw his motion to postpone Contract No. FY2016-45A. ROLL CALL'VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Smiley, Symmons, Crow, and LeDoux. ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Rohrer, Smiley, Simmons, Crow, LeDoux, and Peterson. NEW BUSINESS Contracts None. Resolutions 1. *Resolution No. FY2017-02A Amending Resolution No. FY2017-02 Reestablishing The Fees for the Kodiak Island Borough. This item was approved under the consent agenda. This amends the original FY2017 Fee Schedule which was approved on June 16, 2016, reestablishing the plan review fees which were inadvertently omitted. This amendment also included a definition for vehicles disposed of at the landfill. This item was approved under the consent agenda. 2. *Resolution No. FY2017-11 Authorizing An Amendment To The Borough's Participation Agreement With The Public Employees' Retirement System (PERS) Of Alaska To Exclude Seasonal Employees From Participation. This item was approved under the consent agenda. The resolution would amend the Borough's agreement with the Public Employees' Retirement System (PERS) of Alaska to exclude seasonal employees from participation in PERS. This item was approved under the consent agenda. 3. Resolution No. FY2017-13 Adopting A Capital Improvement Projects Priority List For The 2016-2017 State Legislative Session. PETERSON moved to adopted Resolution No. FY2017-13. In accordance with KIBC 2.105.030(E), the Planning and Zoning Commission reviews and updates a list of project priorities for the Borough's Capital Improvement Program (CIP). 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 generally reviews the prior year's resolution, removes projects which have been funded, and adds new community projects that have come to its attention. The Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 6 of 10 commission received input from the Parks and Recreation Committee and requested input from the public. The Assembly has historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requests legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly may add projects, amend language and figures as well as remove projects. The adopted list would be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. PETERSON moved to postpone Resolution No. FY2017-13 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Peterson, and Rohrer. Ordinances for Introduction 1. Ordinance No. FY2017-18 Rezoning Lot 13, Block 16, Tract A, Larsen Bay Subdivision From R1 -Single-family Residential District To B -Business District (P&Z Case No. 16- 038). Assembly member LeDoux requested a five minute break at 8:54 p.m. Mayor Friend reconvened the meeting at 8:59 p.m. LEDOUX moved to adopt Ordinance No. FY2017-18 in first reading to advance to public hearing at the next regular meeting of the Assembly. This rezone request was the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned property in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Alaska's Kodiak Island Resort) had been in operation on the subject lot since 2005. The applicant desired to bring the existing lodge into compliance with the requirements of Title 17 Zoning of the Borough code by rezoning the lot to a district that permits such use. Lodges had been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which were permitted uses in B -Business zoning. B - Business zoning was also consistent with the lot's Commercial Future Land Use Designation and with various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B - Business was requested. The Planning and Zoning Commission held a public hearing on the rezone request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, and Smiley. 2. Ordinance No. FY2017-19 Amending The 2008 Comprehensive Plan By Changing The Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 7 of 10 Future Land Use Designation Of Lot 4, Black 3, Port Lions Subdivision From Public Land To Residential (P&Z Case No. 16-039). PETERSON moved to adopt Ordinance No. FY2017-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Future Land Use Designation change was requested by the City of Port Lions in conjunction with a request to rezone the property from PL -Public Use Lands to R2 -Two-family Residential. The City of Port Lions owned the subject parcel, which was developed with a structure that once served as the community clinic and had most recently been used as housing for the Village Public Safety Officer. The City can no longer afford to maintain the structure and would like to dispose of the property by offering it for sale to the public. A rezone to a zoning district that allowed a single-family residence was required to accommodate the sale. Although such a rezone was consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning, it was not consistent with the lot's current Public Land Future Land Use Designation. Accordingly, that designation must be changed to facilitate the rezone. The Planning and Zoning Commission held a public hearing on the Comprehensive Plan amendment request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the Future Land Use Designation change. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Smiley, and Symmons. 3. Ordinance No. FY2017-20 Rezoning Lot 4, Block 3, Port Lions Subdivision From PL - Public Use Lands District To R2 -Two -Family Residential District (P&Z Case No. 16-040). CROW moved to adopt Ordinance No. FY2017-20 in first reading to advance to public hearing at the next regular meeting of the Assembly. The City of Port Lions requested to rezone the subject parcel from PL -Public Use Lands District to R2 -Two-family Residential District follows a Comprehensive Plan amendment request for the same parcel (P&Z Case No. 16-039). The rezone was consistent with various objectives of the adopted Comprehensive Plan and surrounding zoning. Should the Comprehensive Plan amendment be approved, the subsequent rezone would also be consistent with the lot's newly assigned Residential Future Land Use Designation. The Planning and Zoning Commission held a public hearing on the rezone request at its August 17, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Smiley, Symmons, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 8 of 10 Other Items 1. APPEAL TO THE BOARD OF ADJUSTMENT - Board Of Adjustment Appeal - Case No. 16-010. Request A Variance To Construct A 67' Tall Telecommunications Tower That Exceeds The B -Business Zoning 50' Building Height Limit By 17' On Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 And 17.90.040) (Appellant Mark Moderow, Senior Counsel Representing Alaska Wireless Network). This item was moved up before Ordinance No. FY2017-17 by suspension of rules. CITIZENS' COMMENTS Judi Kidder congratulated the newly elected officials. She addressed EPA requirements and its applicability to personal residences. She appreciated the assistance being provided by landfill personnel. ROHRER moved to suspend the rules to move up Assembly members comments before going into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Smiley, Symmons, Crow, and LeDoux. ASSEMBLY MEMBERS' COMMENTS Assembly member LeDoux thanked the Clerk's Office staff and election workers, he looked forward to the Joint Work Session with the School Board. He asked that Robbie Townsend be invited to give an update regarding the Rural Leadership Forum. Assembly member Crow congratulated the newly elected officials and thanked outgoing Mayor Friend. Assembly member Symmons expressed gratitude to outgoing Mayor Friend and thanked the Clerk commending her parliamentary skills. He thanked the different Boards for their work and thanked the public for their continuous involvement. Assembly member Smiley appreciated the recently held joint work session with the Commission. He was in support of having regular joint work sessions with the School Board. He was thankful to be elected on the Assembly. Assembly member Rohrer congratulated the newly elected officials and thanked those who supported him on his candidacy. Mayor announced Friend announced the Assembly, City Council, and School District Board will hold a joint work session/public forum with Governor Walker tomorrow from 1:45 to 2:45 p.m. in the City Library Multi -Purpose Room. Announcements The next Assembly work session will be held on Thursday, October 13 at 6:30 p.m. in the Borough Conference Room. The next Assembly regular meeting was scheduled on Thursday, October 20 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 9 of 10 The Assembly and City Council were scheduled to meet in a Joint Work Session on Wednesday, October 19 at 7:30 p.m. in the City Library Multi -Purpose Room. EXECUTIVE SESSION A. Matters Involving Negotiations With The IBEW PETERSON moved to convene into executive session to discuss matters involving negotiations with the IBEW, a subject matter which qualifies for executive session per KIBC 2.30.030(F.1.d) matters involving negotiations with labor organizations representing borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Smiley, Symmons, Crow, LeDoux, and Peterson. PETERSON moved to invite the Borough Mayor, Assembly, Manager, Finance Director, and Clerk's Office staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Crow, LeDoux, Peterson, and Rohrer. After the vote, Mayor Friend recessed the regular meeting at 9:36 P.M. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10:32 p.m. and announced no action was to be taken as a result of the executive session. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, and Smiley. The meeting was adjourned at 10:32 p.m. KODIAK ISLAND BORO H ATTEST: Jerrol Friend, Mayor Nova M. Javier, MM , Borough Clerk Approved on: March 23, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes October 6, 2016 Page 10 of 10