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2018-05-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 3, 2018 A regular meeting of the Kodiak Island Borough Assembly was held on May 3, 2018, 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 Daniel Rohrer, Assembly members Kyle Crow, Julie Kavanaugh, Andy Schroeder, and Scott Smiley. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. KAVANAUGH moved to excuse Assembly members Skinner, Symmons, and Van Daele who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA SCHROEDER moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The Regular Meeting Minutes Of April 5, 2018 were approved underconsent agenda. CITIZENS' COMMENTS David Harmes, Susan Malutin, and Bill Nelson representing the Council and Community of Larsen Bay voiced their concerns regarding Ordinance No. FY2018-05, Ordinance No. FY2018-06, and Ordinance No. FY2018-07. Hugh Kennen spoke in opposition of Ordinance No. FY2018-07. Jeff Stewart thanked Bayside Fire Chief Rue for helping out with the animal incident at Abercrombie. Jane Petrich spoke in opposition of Ordinance No. FY2018-05, Ordinance No. FY2018-07, and Ordinance No. FY2018-07. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed May 6-12, 2018 as Municipal Clerks Week extending appreciation to Borough Clerk Nova Javier, Deputy Clerk Laurie Pardoe, Assistant Clerk Karen Siador, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the community they represent. Kodiak Island Borough Assembly Regular Meeting Minutes Mav 3. 2018 Paoe 1 of 6 COMMITTEE REPORTS Mayor Rohrer announced that the Borough Lands Committee will hold a regular meeting on May 9, 2018. Assembly member Schroeder reported on the recently held meeting of Kodiak Fisheries Work Group and provided some updates. PUBLIC HEARING 1. Ordinance No. FY2018-04C Amending Title 3 Revenue And Finance Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products By Correcting Tax Return Reporting Frequency, Penalty Percentage And To Allow Additional Language Clean Up In The Ordinance. SMILEY moved to adopt Ordinance No. FY2018-04C. This ordinance corrects inconsistencies in the current code with references to tax return reporting frequency, percentage of penalties applied to late payments and/or late filed tax returns and cleans up some additional typographical errors. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Kavanaugh, Schroeder, and Smiley. 2. Ordinance No. FY2018-20 Amending Kodiak Island Borough Code Title 8 Health & Safety, Chapter 8.25 Solid Waste Collection and Disposal By Repealing Unenforceable Section 8.25.090 Billing and Collections Subsection D Liens. CROW to adopt Ordinance No. FY2018-20. Section 8.25.030 (D) is no longer legally enforceable; therefore, it should be removed from the Borough code. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, and Crow. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: - Working with Lesnoi, Dept. of Navy and other more regarding Long Island conservation easement - Reported on Mil Rate - Litigation between the Borough and Watterson - Capital projects - Ongoing interview schedule for E&F Director and job listing for the Assessor position is out. Kodiak Island Borough Assembly Regular Meeting Minutes Mav 3. 2018 Paoe 2 of 6 Governor signed HB287 that will provide additional funding to the School District in 2019, subject to some amendment to the Permanent Fund Dividend. MESSAGES FROM THE BOROUGH MAYOR - Met with Senator Murkowski and KEA CEO Darren Scott - Went to Karluk and met with the community regarding ongoing projects. - Announced a scheduled trip to Port Lions on May 4, 2018. - Community clean-up day and hazardous waste collection on May 5, 2018. - Budget update UNFINISHED BUSINESS Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025). The motion is already on the floor which is "Move to adopt Ordinance No. FY2018-05. On August 17, 2017, this item was postponed to the May 3, 2018 regular meeting. This Comprehensive Plan Future Land Use Designation change request and subsequent rezone request (P&Z Case No. 17-026) are the result of a substantiated complaint regarding the operation of a commercial lodge on R1 -Single-family Residential zoned Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision (a prohibited use in that zoning district). A commercial lodge (Kodiak Legends Lodge) has operated on lot 1A since 1998. Since 2009, related lodge activities have expanded onto adjacent Lots 2, 3, and 4. The applicant desires to continue the existing lodge operation. To legally do so, the subject lots must be rezoned from R1 - Single -family Residential to B -Business. Although B -Business zoning is consistent with various objectives of the adopted Comprehensive Plan, it is not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, that designation must be changed to a designation that is consistent with B -Business zoning. The requested Mixed Commercial/Waterfront/Residential designation is consistent with B -Business zoning. The Planning and Zoning Commission held a public hearing on this request at their April 19, 2017 regular meeting. The Commission, after hearing public comment opposing the amendment, voted to postpone the request to the June 21, 2017 regular meeting. The intent of the postponement was to allow sufficient time for additional input from the City of Larsen bay and residents. In an effort to solicit additional public input, the June 21, 2017 public hearing was advertised to all listed Larsen Bay property owners. After that public hearing, the Commission, voted unanimously to divide the request by separating the proposed 2008 Comprehensive Plan amendment for Lot 1Afrom Lots 2, 3, and 4. The question was divided to accommodate addressing the long standing lodge use separately from the more recently expanded lodge related activities. The Commission then voted unanimously to recommend that the Assembly approve the 2008 Comprehensive Plan amendment for lot 1A and postponed the proposed amendment for Lots 2, 3, and 4 to their April 19, 2018 regular meeting The intent of the postponement is to allow sufficient time for further input on the more recently established lodge related activities taking place on those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan as it Kodiak Island Borough Assembly Regular Meeting Minutes Mav 3. 2018 Pace 3 of 6 pertains to the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applies to Lot 1A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Crow, and Kavanaugh. 2. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17- 026). The motion is already on the floor which is to "Move to adopt Ordinance No. FY2018-06. On August 17, 2017, this item was postponed to the May 3, 2018 regular meeting. This rezone request follows a 2008 Comprehensive Plan amendment request for the same parcels (Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision, P&Z Case No. 17-026, KIB Ordinance No. FY2018-05). As was the case with the associated Comprehensive Plan amendment request (P&Z Case No. 17-026), the Planning and Zoning Commission initially postponed the rezone request. The request was later divided by separating the proposed rezone of Lot 1A from lots 2, 3, and 4. The Commission then unanimously voted to recommend that the Assembly approve the rezone of Lot 1A and postponed the proposed rezone of Lots 2, 3, and 4 to their April 19, 2018 regular meeting. The intent of the postponement is to allow sufficient time for further public input on the request as it applies to those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan to address the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applies to Lot 1A. On August 4th, 2017, the Clerk's Office mailed 90 public hearing notices. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Crow, Kavanaugh, and Schroeder. 3. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17- 030). The motion is already on the floor which is to "Move to adopt Ordinance No. FY2018-07. On August 17, 2017, this item was postponed to the May 3, 2018 regular meeting. This rezone request is the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned lot in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Foxtail Lodge) has operated on the subject lot since 2000. The applicant desires to continue the lodge operation. To legally do so, the existing lodge must be brought 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 have been determined to be a permitted use in B -Business zoning. B -Business zoning is also consistent with the Commercial Future Land Use Designation assigned to the lot and various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B -Business is requested. Kodiak Island Borough Assembly Regular Meeting Minutes Mav 3. 2018 Paoe 4 of 6 The Planning and Zoning Commission held a public hearing on this rezone request at their June 21, 2017 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. On August 4th, 2017, the clerk's office mailed out 90 public hearing notices. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Kavanaugh, Schroeder, and Smiley (AYES); Crow (NO). NEW BUSINESS Contracts 1. Contract No. FY2018-28 Term Contract Award For Architectural and Engineering Services For Projects At Providence Kodiak Island Medical Center. SMILEY moved to authorize the Manager to execute Contract No. FY2018-28 with Jensen Yorba Lott, Inc. for Architectural and Engineering Services for projects at Providence Kodiak Island Medical Center. This contract is for architectural and engineering services for Providence Kodiak Island Medical Center. The scope of work will include preparation of architectural and engineering (A&E) plans and specifications, cost estimates, and A&E construction services for renovation and renewal/replacement projects at Providence Kodiak Island Medical Center. This is a three year term contract for A&E services with the option for both parties to agree to two (2) two-year extensions. A Request for Proposals (RFP) was issued December 7, 2017, and proposals were due and opened on January 10, 2018. Seven proposals were received from the following firms (listed alphabetically): • Architects Alaska, Inc. • GDM, Inc. • Jensen Yorba Lott, Inc. • LCG Lantech, Inc. • NorthWind Architects LLC • RIM • Stantec Consulting Services, Inc. A committee of Kodiak Island Borough staff reviewed the proposals based on the criteria outlined in the RFP, and provided a recommendation to the Architectural Review Board (ARB) that Jensen Yorba Lott, Inc. (JYL) be awarded the contract. The ARB met on April 16, 2018, and voted to forward that recommendation to the Assembly. Per Kodiak Island Borough Code 3.30.110(D) the proposals and tabulations are not being made public until a contract is awarded, but a brief discussion of the reasons for selecting JYL was included in the attached memo dated April 9, 2018, and provided to the ARB. Once a contract is approved by the Assembly, staff will commence negotiations for an hourly rate structure with Jensen Yorba Lott. As projects from the current Renewal and Replacement schedule are addressed, staff will negotiate a design fee for each project based on the contractual hourly rates. This is a similar approach to multiple term contracts for A&E services in the past. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, and Crow. Kodiak Island Borough Assembly Regular Meeting Minutes Mav 3. 2018 Paae 5 of 6 Resolutions — None. Ordinances for Introduction — None. Other Items — None. CITIZENS' COMMENTS Jeff Stewart voiced out his concerns regarding the comment from one of the Assembly. Mike Milligan spoke regarding the lodges in Larsen Bay. ASSEMBLY MEMBERS'COMMENTS Assembly member Schroeder spoke about the outcomes of tonight's meeting. Assembly member Crow spoke regarding being able to participate in the meeting telephonically and about upcoming ending term on the Assembly. Assembly member Kavanaugh announced upcoming meetings and events for the community. Announcement The next Assembly work session is scheduled on Thursday, May 10, 2018 at 6:30 p.m. immediately followed by an Assembly Special Meeting in the School District Conference Room. The Assembly will be holding a Special Meeting on Tuesday, May 15, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, May 17, 2018 at 6:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT CROW moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:17 p.m. KODI� JSBOR OUPH LAND ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Bodough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes Mav 3. 2018 Paae 6 of 6