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2017-10-19 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 19, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on October 19, 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, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. APPROVAL OF AGENDA SMILEY moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) Paul VanDvke thanked Bayside Fire Chief Howard Rue for all his work. He also thanked the Manager and the Finance Director. Ella Saltonstall spoke about the non-profit organization, Compassion & Choices. Jane Petrich thanked Sara Mason for attending the community meeting held in Larsen Bay. Judi Kidder congratulated the newly elected assembly members Kavanaugh and Schroeder and reelected assembly member Skinner. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the Month of October 2017 as Filipino American National History Awareness Month. Accepting the proclamation were President of Kodiak Filipino- American Association Patilou Peralta, Assistant Secretary Tess Acierto, and Assistant Treasurer Jessica Basuel. Dora Cross, Finance Director, Presented a Longevity Award to John Rhines, PC Network Tech II in the IT department. President and CEO Craig E. Campbell presented an update on behalf of Alaska Aerospace Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 1 of 8 Corporation. COMMITTEE REPORTS Assembly member Symmons reported about the Solid Waste Advisory Board. Assembly Skinner reported about Kodiak Advisory Council, Southwest Alaska Municipal Conference, and Parks and Recreation Committee. PUBLIC HEARING 1. 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). The motion was already on the floor which is "Move to adopt Ordinance No. FY2018-08." 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 seem 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. Mayor Rohrer opened the public hearing. Sandy Pherson, Jason Waooneer. and Kavik Anderson spoke against the Ordinance No. FY2018-08. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Van Daele, and Townsend. VAN DAELE moved to refund the application fee and waive the 12 month waiting period. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Crow, Skinner, Smiley, Symmons, Townsend, and Van Daele (AYES); LeDoux (No). 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). The motion was already on the floor which is "Move to adopt Ordinance No. FY2018-09." Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 2 of 8 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 had long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition towards more commercial property, this rezone seems consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission voted 5-2 in favor of this rezone. On October 6, 2017 the clerk's office mailed 26 Public Hearing notices. On October 5, 2017, the Assembly postponed this item to October 19 to allow for a second public hearing. A second set of public hearing notices were sent out on Friday, October 6, Mayor Rohrer opened the public hearing. Kavik Anderson expressed his concerns about the Ordinance No. FY2018-08. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. VAN DAELE moved to refund the application fee and waive the 12 month waiting period. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Smiley, Symmons, Townsend, Van Daele, Crow, and Skinner (Ayes); LeDoux (No). BOROUGH MANAGER'S REPORT Manager Power's briefly reported on the following: - Hiring of the new Administrative Assistant - KIB building construction - Nonprofit timeline - DENR priorities MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: - November 16 Regular meeting was cancelled. - Policy manual review during the Nov 9 WS and there will be no packet review. - Board of Fish decided to fail Cook Inlet request. - Received a request from Swell Inc. and requested a letter of support for low income housing. UNFINISHED BUSINESS Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 3 of 8 2 NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2018-13 Ratifying And Certifying The Results Of The October 3, 2017 Municipal Election. LEDOUX moved to adopt Resolution No. FY2018-13. The local municipal election was held on Tuesday, October 3, 2017. The Canvass Board met on October 11 and examined in detail all write-ins, absentee ballots, questioned ballots, personal representative ballots, optical scan receipts, and original and duplicate tally books from each of the precincts of the Kodiak Island Borough. Per KIBC 7.40.010 Certification of Election, as soon as possible after completion of the canvass, the Assembly shall meet in a public session to receive the report of the canvass board. If, after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. Ordinances for Introduction 1. Ordinance No. FY2018-01A Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. VAN DAELE moved to advance Ordinance No. FY2018-01A to public hearing at the next regular meeting of the Assembly. A detailed report on the suggested budget account amendments was provided in the packet. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. 2. Ordinance No. FY2018-32 Rezoning Emerald Isle Estates Tract From R3 -Multifamily Residential District To R1 -Single -Family Residential District (P&Z Case No. 18-002). LEDOUX moved to advance Ordinance No. FY2018-32 to public hearing at the next regular meeting of the assembly Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 4 of 8 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. 3. Ordinance No. FY2018-10 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. VAN DAELE moved to advance Ordinance No. FY2018-10 to public hearing at the next regular meeting of the Assembly. Advertising for this process and public hearing were advertised on September 8, October 6, and another notice will go out on October 27. All the members of the boards, committees, and commissions were notified about the public hearing on November 2, 2017. Note: • Section 203 of the Personnel Manual states the Assembly shall appoint a Personnel Board consisting of five members. The Personnel Advisory Board was referred to in the personnel manual (see attached). • The Kodiak Economic Development Commission (KEDC) existed in the code. The Borough contracted for many years with the Chamber of Commerce and a Comprehensive Economic Development (CEDS) Committee was formed. CEDS took over the role of KEDC. The contract with the Chamber of Commerce was terminated effective April 30, 2014. KEDC still exists in Title 2 but there are currently no members. CEDS Committee was non existent due to the termination of the contract with the Chambers. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. 4. Ordinance No. FY2018-11 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.30.020 General Rules To Allow Participation By Assembly Members By Teleconference During Meetings LEDOUX moved to advance Ordinance No. FY2018-11 to public hearing at the next regular meeting of the Assembly. The current Borough code allowed assembly members to participate via teleconference during work sessions only. AS 44.62.310 reads that attendance and participation at meetings by members of the public or by members of a governmental body may be by teleconferencing. AS 29.20.160(f) states the assembly is authorized to determine by ordinance its own rules or procedure and order of business to the extent otherwise permitted by law. The Assembly Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 5 of 8 desires to amend the current code to permit members of the Assembly to participate by teleconference during work sessions, special and regular meetings. Adoption of this change was contingent to adoption of parameters set by a resolution of the assembly. See attached draft resolution included in the packet for Assembly consideration at the November 2nd regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. 5. Ordinance No. FY2018-12 Amending Title 2 Administration And Personnel Chapter 2.30 Rules Of The Assembly Section 2.30.030 Types Of Meetings To Allow The Assembly To Set And Adopt Its Meeting Calendar For The Following Year By Resolution SKINNER moved to advance Ordinance No. FY2018-12 to public hearing at the next regular meeting of the Assembly. KIBC states when, where, and time when the assembly shall meet and there was a desire to amend the code to allow for flexibility when scheduling when and where meetings should be held as long as sufficient public notice was given. The Kodiak Island Borough followed the rules of the Open Meetings Act and made sure that reasonable public notices were going out for all meetings of the Assembly. VAN DAELE moved to amend line #39 to change the word "retard" to "postpone". ROLL CALL VOTE TO AMEND THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, Crow, and Skinner. Other Items 1. Administration of Oath of Office to Newly Elected Officials. Borough Clerk Javier administered the oath of office to newly elected officials Julie Kavanaugh, Andy Schroeder, and Rebecca Skinner. 2. Presentation To Outgoing Assembly Members. Certificates of appreciation were presented to Assembly member Dave Townsend and Assembly member Larry LeDoux. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 6 of 8 Paddy O'Donnell congratulated the newly elected assembly and he also thanked the outgoing assembly members. Jeff Stewart spoke about the public community forum held by the City of Kodiak. Sandy Pherson thanked the Assembly for the outcome of the Rezones. Julie Kavanaugh thanked the Borough and city for the letter to the Board of Fish. ASSEMBLY MEMBERS'COMMENTS Assembly member Skinner spoke about Akhiok's powerline issue. Assembly member Crow thanked outgoing Assembly members Larry LeDoux and Dave Townsend for all their work. Assembly member Van Daele expressed how it was an honor to work with Dave Townsend and Larry Ledoux. Assembly member Symmons thanked the public for coming to the meeting and expressing their concerns. He commended the city for their Public Community Forum. He also commended Larry and Dave for their service on the Assembly. Assembly member Smiley congratulated the new assembly members. He was also grateful with the decision of the Board of Fish. He also spoke about outgoing Assembly members Larry LeDoux and Dave Townsend. Assembly member Townsend commented on the decision of the Board of Fish. He also acknowledged Ms. Saltonstall's comment. Assembly member LeDoux spoke about supporting our fisheries and his time serving as an assembly member. Announcements The Assembly will hold a work session on Thursday, October 26, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, November 02, 2017 at 6:30 p.m. in the Borough Assembly Chambers. The Assembly/ City will hold a joint work session on Wednesday, November 08, 2017 at 7:30 p.m. in the Kodiak Public Library. Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 7 of 8 ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:33 P.M. KODIAK ISLAND BOROUGH ATTEST: -Daniel A. Rohrer, Mayor M. Javier, MMC, Borop6h Clerk Approved on: February 15, 2018 Kodiak Island Borough Assembly Regular Meeting Minutes October 19, 2017 Page 8 of 8