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2019-03-07 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting March 7, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on March 7, 2019, 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. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Scott Arndt, Rebecca Skinner, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Alise Rice. SKINNER moved to excuse Assembly members Julie Kavanaugh and Andrew Schroeder who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and the consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of December 20, 2018, January 3, 2019, and February 7, 2019; and Special Meeting Minutes of December 13, 2018, December 26, 2018, December 27, 2018, January 31, 2019, and February 12, 2019. Regular Meeting Minutes of January 17, 2019 and Special Meeting of February 15, 2019 were approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizens' comments: • Susan Brockman • Mel Stephens • Jeff Stewart AWARDS AND PRESENTATION • Employee of the quarter award was awarded to Debra Rippey, Lead Property Appraiser, in the assessing department. • Employee of the year award was awarded to Karina Fernandez, Accounting Technician, in the finance department. • Mayor Rhorer proclaimed the month of March 2019 as the month of Choose Respect to break the silence and stand up against sexual assault, domestic violence, and child sexual abuse. Beth Davis, KWRCC Outreach Coordinator, received the proclamation. • Mayor Rohrer proclaimed the month of March 2019 as National Women's History month and urged residents to increase their knowledge and appreciation of the valuable role women play in our lives. Beth Davis, KWRCC Outreach Coordinator, received the proclamation. Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 1of 8 COMMITTEE REPORTS Assembly Member Arndt expressed his appreciation of the staff that attended the Kodiak Island Housing Authority Forum. Assembly Member Smiley was in Juneau this past week with AML, at which Governor Dunleavy's budget was discussed. Assembly Member Skinner reported on the SWAMC meeting from last week, there was allot of discussion around the budget. She also noted that the upcoming 2020 Census is very important for State budget. Assembly Member Turner expressed his gratitude for SWAMC not being distracted by the budget and staying on task. Thanked the assembly for sending him to Rural Leadership Forum. Assembly Member Arndt commented on the SWAMC conference, it had been a long time since he had attended, and felt it was a good conference. He complimented Assembly Member Skinner as the President of SWAMC what a great job she has done, and that Kodiak should be very proud of that. PUBLIC HEARING 1. 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). SKINNER moved to adopt Ordinance No. FY2018-07. On December 5, 2018 the City of Larsen Bay submitted to the Borough a letter in support of this rezone. On January 4, 2019, the Borough Clerk's office received a request for reintroduction from the property owner. Both the letter from the City and the email from the property owner are included in the packet. An updated ordinance is included in the packet, with only minor administrative changes addressing updated dates. 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. 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. Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 2 of 8 Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Skinner, Smiley, Symmons, and Turner. 2. Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). ARNDT moved to adopt Ordinance No. FY2019-03. At the April 19, 2017 P&Z Regular Meeting, the Commission postponed the rezone request to the June 21, 2017 Regular Meeting. The Commission also directed staff to provide public hearing notices to all property owners within the City of Larsen Bay. The increased notice was to solicit additional input prior to the Commission rendering a decision on the requests. The resultant additional public comment (all opposing approval of the request) was provided in the June 21, 2017 Regular Meeting information packet (included in this packet). At that meeting, the Commission unanimously voted to divide the question by separating Lot 1A (the parcel developed with a longstanding lodge) from Lots 2, 3, and 4 (parcels intended for lodge expansion). The Commission then unanimously voted to recommend that the Kodiak Island Borough Assembly approve the rezone for Lot 1A. Following that vote, the Commission unanimously voted to postpone the request as it applied to Lots 2, 3, and 4 to the April 2018 Regular Meeting. The postponements were intended to accommodate the most current community input by allowing staff to coordinate with the City of Larsen Bay to facilitate an update of the Larsen Bay Annex to the 2008 Comprehensive Plan. It is important to note that the Borough Assembly postponed their final decision on the rezone for Lot 1A to their May 03, 2018 Regular Meeting for that same reason. At the April 11, 2018 Work Session, staff recommended that the Commission postpone the request to the May 16, 2018 Regular Meeting. The postponement was recommended due to public hearing notices not being mailed to all property owners within the City of Larsen Bay (as previously directed by the Commission). Because the April 18, 2018 Regular Meeting was cancelled due to a lack of quorum, the request was automatically postponed to the May 16, 2018 Regular Meeting (as was recommended by staff). Public hearing notices for that meeting were mailed to all property owners within the City of Larsen Bay. After the public hearing on May 16, 2018, P&Z voted 5-0 to forward the rezone request to the Assembly with a recommendation for approval. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing and convened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Turner, and Arndt. BOROUGH MANAGER'S REPORT Manager Powers reported on the following: • The past two weeks have been very busy between travels with Clerk's recruitment and other personnel issues and budgets. Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 3 of 8 • Met with Assembly, staff, and candidates twice in the past two weeks regarding the Clerk's Recruitment. • Toured the Clerk finalists around Kodiak and discussed various issues with them. • Discussed the fish tax and other budget related issues with Senator Steven's staff. • Met with citizens concerned about late tax penalties and road conditions (Chiniak Highway). • Attended Agenda Setting meetings and did follow up from the meetings. • Discussed City Tsunami Siren plan and had a walk through at City Dispatch and talked with their staff. • Met with the Borough Attorney. • Offered Planner position to a candidate and one month's equivalent salary will be provided for moving expenses. • Maggie Slife, Resource Management Officer resigned from her position and wished her well in her future endeavors. • Attended the Rural Forum where budget impacts were considered. • Attended the SWAMC Annual Conference and noted there were a variety of good speakers and topics. • He announced that Tsunami Operations training will be held next week. MESSAGES FROM THE BOROUGH MAYOR Manager Rohrer reported on the following: • Will be out of town from March 12 through March 20. • LIO meeting on Saturday, March 9 was well attended. • On April 2 at 6:30 in the School District Conference Room there will be a Joint Meeting with the School Board to discuss their budget. • Reported all is moving forward with hiring the new Clerk and thanked all the staff that have participated. • There will be a Special Meeting in the Borough Conference Room to adopt Contract No. FY2019-21 Kodiak Island Borough Clerk Employment Agreement with Tara Welinsky on Monday April 11 at noon. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance FY2019-18 Establishing A Commercial Passenger Vessel Excise Tax Fund. 2. ARNDT moved to advance Ordinance No. FY2019-18 to public hearing at the next regular meeting of the assembly. Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 4 of 8 Currently, the commercial passenger vessel (CPV) excise tax revenues that the Borough receives from the State of Alaska is deposited into the special revenue Tourism Development fund. This fund also receives transient accommodation excise tax revenues. With recent court cases restricting the use of CPV revenues, it is staffs desire to minimize the risk of future legal problems by segregating these funds into their own special revenue fund. This would ensure that the specific use of the funds can be tracked and accounted for. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, and Skinner. OTHER ITEMS 1. Approval of the FY20 Nonprofit Funding Application Form. ARNDT moved to approve the FY20 Nonprofit Funding Application Form. Staff has revised the application form based on the discussion and recommendations of the Assembly. ARNDT moved to postpone the adoption of the FY20 Nonprofit Funding Application Form until the next regular meeting of the Assembly on March 21, 2019. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED FOUR TO ONE: Symmons, Arndt, Skinner and Smiley (AYES); Turner (NO). 2. Letter of Support for Jim Mullican's Nomination to Southern Region EMS Council Board of Directors. ARDNT moved to authorize the mayor to sign a letter of support for Jim Mullican to be re- elected to the Southern Region EMS Council Board of Directors. The Kodiak Island Borough received a letter from John "JR" Gardner, Executive Director for Southern Region EMS Council requesting a nomination to the board. The Mayor wishes to nominate Jim Mullican for an additional three-year term. The term expires every three years and may be renewed for the same individual currently serving as our representative, in this case Jim Mullican is our representative. The City of Kodiak has also written a letter in support of the nomination. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Skinner, Smiley, and Symmons. 3. Lake Orbin Culvert Replacement— Middle Bay Drive and Chiniak Drive. ARNDT moved to authorize the Manager to direct staff to work with the Kodiak Soil and Water Conservation District and U.S. Fish and Wildlife Service for completion of the Lake Orbin Culvert Replacement - Middle Bay Drive and Chiniak Drive project. Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 5 of 8 In 2014 KIB entered into a Memorandum of Agreement (MOA) with Kodiak Soil and Water Conservation District (KSWCD) and the U.S. Fish and Wildlife Service (USFWS) for the replacement of several culverts leading to and from Lake Orbin, in order to aid fish passage. Per the details of the agreement KIB provides assistance in project development, manages the bidding and contact award process, and administers the contract during construction. KSWCD and USFWS provides the majority of funding and assistance with project development and permitting. The MOA was renewed in 2016 and 2018 and is currently scheduled to expire in 2021. As mentioned above the majority of funding for this project is coming from USFWS and KSWCD, but KIB has also contributed some funding and additional contributions have come from the Womens Bay Road Service Area, Alaska Department of Fish and Game, Kodiak Electric Association, Kodiak Association of Charterboat Operators, and ConocoPhillips. The first of these culvert replacements was completed in 2014, with two more completed in 2015. In 2017 the design process for replacement of two culverts at Middle Bay Drive and Chiniak Drive was completed, and KSWCD and USFWS now have the funding to proceed. The Architectural/Engineering Review Board reviewed and approved the design documents on February 5, 2019, and staff is now ready to issue the project for public bid. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Skinner, Smiley, Symmons, and Turner. 4. Confirmation of Mayoral Appointment to the Solid Waste Advisory Board (Mr. Ed Mahoney) ARNDT moved to confirm the mayoral appointment of Mr. Ed Mahoney to the Solid Waste Advisory Board Construction Business Representative Seat for a term to expire December 2021. The Clerk's Office has received an application from Mr. Ed Mahoney on January 31, 2019. There is currently one vacant seat on the Solid Waste Advisory Board and the Mayor is recommending the appointment of Mr. Mahoney. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Turner, and Arndt. 5. Confirmation of the Mayoral Appointment To The Architectural/Engineering Review Board (Mr. Steven Neff). Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 6 of 8 ARNDT moved to confirm the mayoral appointment of Mr. Steven Neff to the Architectural Engineering Review Board for a term to expire December 2020. The Clerk's office received Mr. Steven Neffs application on January 7, 2019. There is one vacancy for Architectural/Engineering Review the Board and the Mayor is recommending the appointment of Mr. Neff to the vacant seat. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, and Skinner. CITIZENS' COMMENTS The following spoke under citizens' comments: • Jeff Stewart ASSEMBLY MEMBERS' COMMENTS Assembly Member Symmons complimented Senator Sullivan and his efforts to bring back the respect logo. Assembly Member Skinner thanked the public that came and those that were listening in. Congratulated the employee of the year and the employee of the quarter. Assembly Member Turner reiterated Assembly Member Skinners comments to the public and thanked the rural leaders for coming to the Rural Leadership Forum. EXECUTIVE SESSION 1. Maximum Allowable Tax Revenues SKINNER moved to convene into executive session to discuss matters involving maximum allowable tax revenues, which qualifies for executive session per KIBC 2.30.030F(1)(f) which is for the purpose of confidential attorney client privileged communications regarding the revenue limitation ordinance made for the purpose of facilitating the rendition of professional legal services to the Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt, Skinner, and Smiley. SKINNER moved to invite the Mayor, Assembly, Manager, Finance Director, Borough Attorney via telephone conference and the Borough Clerk's staff into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 7 of 8 After the vote, Mayor Rohrer recessed the regular meeting at 7:35 p.m. and convened into executive session. Upon returning from the executive session at 8:40 p.m., Mayor Rohrer reconvened the regular meeting and announced that no action was taken as result of the executive session. 2. Matters Involving Negotiations With the IBEW SKINNER moved to convene into executive session to discuss matters involving negotiations with the IBEW 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 THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Skinner, Smiley and Symmons. SKINNER moved to invite the Mayor, Assembly, Manager, Finance Director, and the Borough Clerk's staff into executive session. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting at 8:41 p.m. and convened the executive session. Upon returning from the executive session at 9:17 p.m., Mayor Rohrer reconvened the regular meeting and announced that no action was taken as result of the executive session. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. This meeting was adjourned at 9:17 p.m. ro,; offio, u_ KZODIAKSLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes March 7, 2019 Page 8 of 8