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2017-09-21 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 21, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on September 21, 2017, 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 Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Laurie Pardoe, and Assistant Clerk Karen Siador. SYMMONS moved to excuse Assembly member LEDOUX who was absent due to travel for the Kodiak Island Borough School District. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of August 17, 2017 and special meeting minutes of August 31, 2017 were approved under the consent agenda. CITIZENS' COMMENTS None. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS Fire Chief Howard Rue presented a 6 month report for the Bayside Fire Department. Assembly member Crow reported about Kodiak Fisheries Work Group. He also stated that Assembly member Matt Van Daele had resigned due to personal work demands. Assembly member Skinner said the Parks and Recreation Committee meeting scheduled earlier this week was canceled due to lack of quorum. Their next meeting will be on September 26 at Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 1 of 7 6:30 p.m. and the Kodiak College Advisory Council will hold a meeting on October 19 at 7 a.m. at the Kodiak College. Mayor Rohrer announced that the Borough Lands Committee meeting will be held on October 4'h at noon. PUBLIC HEARING Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority, And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. TOWNSEND moved to adopt Ordinance No. FY2018-04B. Upon further review of the ordinance, the following changes were being recommend: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. Mayor Rohrer opened the public hearing. Hearing and seeing none Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). The motion already on the floor was "to adopt Ordinance No. FY2018-02." This ordinance was postponed to September 21 from the September 7 meeting. The Assembly also decided to hold another public hearing on this ordinance. The Borough had noted a growing public awareness of the need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1 -Single Family Residential, R2 -Two -Family Residential, and R3 -Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 2 of 7 providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. Mayor Rohrer opened the public hearing. Kathleen Ballenger said that she supports the Ordinance No. FY2018-02 as is, but if changes were made, she was going to oppose it. Jeff Stewart spoke in opposition to Ordinance No. FY2018-02. Jason Zill spoke in support to Ordinance No. FY2018-02. Kevin Arndt spoke in support to Ordinance No. FY2018-02, but was opposed to the acre size for the proposed Ordinance. Scott Arndt spoke about his proposed changes to Ordinance No. FY2018-02. Les Dans spoke in opposition to Ordinance No. FY2018-02. Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Skinner, Symmons, Townsend, Van Daele, and Crow (Ayes); Smiley (No) BOROUGH MANAGER'S REPORT Spoke about the Rural Forum City of Port Lions was thankful to Bayside Fire Chief Rue Acknowledged local government specialist Jane Barr's presence MESSAGES FROM THE BOROUGH MAYOR - Attended the rural forum yesterday, September 20 at the Kodiak College. - Assembly member Van Daele resigned from the Kodiak Fisheries Work Group (KFWG) due to job constraints - Temporary appointing Assembly member Smiley to KFWG. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 3 of 7 NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). SMILEY moved to advance Ordinance No. FY2018-08 to public hearing at the next regular meeting of the Assembly. This property zoned R1 -Residential Zoning District had sat vacant for several years, but was adjacent to another commercially -zoned property. The applicant recently purchased this land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B -Business. Because Mill Bay had long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition toward more commercial property, this change and subsequent rezone seemed consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5-2 in favor of this amendment to the Comprehensive Plan. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, and Crow. 2. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single -Family Residential District to B -Business District (P&Z Case No. 17-029). VAN DAELE moved to advance Ordinance No. FY2018-09 to public hearing at the next meeting of the Assembly. This property zoned R1 -Residential Zoning District had sat vacant for several years, but was adjacent to another commercially zoned property. The applicant recently purchased this land and applied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B -Business. Since the amendment to the Comprehensive Plan was approved, it was possible to rezone this parcel from residential to commercial zoning. Because Mill Bay Road has long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition towards more commercial property, this rezone seemed consistent with the market's need for more Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 4 of 7 commercially zoned property in this area. The Planning & Zoning Commission voted 5-2 in favor of this rezone. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, Skinner, and Smiley. Other Items 1. Appointment to the Providence Kodiak Island Medical Center Community Advisory Board (Major David Davis and Ms. Mary Jane Pediangco). VAN DAELE moved to voice non -objection to the re appointments of Major David Davis and Ms. Mary Jane Pediangco to the Providence Kodiak Island Medical Center Community Advisory Board for terms to expire December, 2019. Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the made. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, Skinner, Smiley, and Symmons. 2. Approval of the October 3, 2017 Regular Municipal Election Workers SMILEY moved to appoint the election officials in each precinct for the upcoming October 03, 2017 Municipal Election as listed in the memo submitted by the Borough Clerk. Per KIBC 7.30.010 Election Officials, The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. It would be impossible to conduct the elections without the dedication and skills of the 60 plus volunteers listed in the memo before the Assembly. The election judges and clerks, receiving team, and canvas board deserve appreciation for their commitment to the voters of the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, Skinner, Smiley, Symmons and Townsend. 3. Appointment to the Solid Waste Advisory Board Business Representative Seat (Mr. Levi Fehrs). Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 5 of 7 VAN DAELE moved to confirm the mayoral appointment of Mr. Levi Fehrs to the Solid Waste Advisory Board Business Representative Seat to expire December 2018. There was a vacancy on the SWAB Board Retail Business Representative seat and this seat had been vacant since August 2014. An application was received from Mr. Levi Ferhs on August 18, 2017 for this seat. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele. 4. Assembly Approval Of A Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. CROW moved to approve A Joint Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele and Crow. CITIZENS' COMMENTS Kate Ballenger commended the staff during the absentee -in-person voting. Scott Arndt stated that he does not have any financial connection with Kevin Arndt. ASSEMBLY MEMBERS' COMMENTS Assembly member Skinner will be going to Cold Bay for Kodiak Aleutians Regional Council related to subsistence. She also stated that absentee -in-person voting was great and handy option. Assembly member Crow encouraged the public to check their house numbers and make sure it is visible from the street and asked for any volunteers for the Bayside Fire Department. He welcomed Jane Barr's presence and also thanked the election workers and the new members of the boards. Mayor Rohrer acknowledged Assembly Member Van Daele's effort that he had made for Kodiak Fisheries Work Group. Assembly member Van Daele thanked the mayor and the clerks. Assembly member Symmons acknowledged staff for their hard work and talked about the rural leadership forum. Assembly member Smiley was pleased about the letter for the Board of Fisheries Kodiak Island Borough Assembly Regular Meeting Minutes September 21, 2017 Page 6 of 7 Assembly member Townsend thanked Chief Rue for helping the community of Port Lions and congratulated him for the grant that Bayside Fire Department was awarded. He also thanked the mayors for putting together the letter for the Board of Fisheries. Announcements Mayor Rohrer announced that the Assembly would hold a work session on Thursday, September 28, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, November 2, 2017 at 6:30 p.m. in the Borough Assembly Chambers. Mayor Rohrer also announced that absentee voting for the upcoming election will be available in the Clerk's Office until Monday, October 2nd from 10 a.m. to 4 p.m. ADJOURNMENT The meeting was adjourned at 8:12 p.m. A EST: Nova M. Javier, MMC, Boro gh Clerk Kodiak Island Borough September 21, 2017 KOD7-7--�Zwm Daniel A. Rohr er, Mayor Approved on: December 21, 2017 Assembly Regular Meeting Minutes Page 7 of 7 I I