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2020-10-15 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 15, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on October 15, 2020, 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 Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Alise Rice, and Acting Deputy Clerk Lina Cruz. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to change the order of the agenda to move presentation from Nate Svoboda after the recognition of Doug Mathers presentation, move Resolution No. FY2021-19 to be after the last ordinance for introduction, and then approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The following items were approved under consent agenda: * Regular Meeting Minutes of October 1, 2020 * Special Meeting Minutes of October 8, 2020 Declaring A Seat Vacant On The Architectural and Engineering Review Board Vacant (Mr. Dennis Hunt). APPROVAL OF MINUTES *Regular Meeting Minutes of October 1, 2020 *Special Meeting Minutes of October 8, 2020 CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Kurt Long • Michael Gibbs • Patrick O'Donnell • Randy Blondin AWARDS AND PRESENTATIONS Presented a Certificate of Recognition to Doug Mathers, Deputy Chief of the Bayside Fire Department For 35 Years Of Service. Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 1 of 9 • Received Nuisance Bears Presentation from Nate Svoboda, State of Alaska Department Of Fish And Game, Biologist III. COMMITTEE REPORTS Assembly member Kavanaugh reported on the Consolidation Committee and gave thanks to Mayor Pat Branson, Council Member Whiddon, and Deputy Manager, Josie Bahnke, for their attendance. Assembly Member Turner gave an update on the Consolidation Committee. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Michael Powers reported on the following: • Monitored water levels during the past recent last week's events. • Met with Providence regarding projects in the design phase, including the sterilizers, retaining wall, space analysis, and the vision of healthcare into the future. • Worked with staff and others on current projects, including contaminated soil issues. • Attended Emergency Service Council meetings and received an update from Dr. Zink on numerous issues including testing changes and regimens, contact tracing, travel policies, and related issues. • Received ongoing complaints about trash at dumpsters. Solid Waste Advisory Board is continuing work on ADEC issues at the landfill. • Tsunami Sirens have all been installed and operational except for Bayside (bad radio). The pitch (tone) currently programmed is not as piercing as the previous tone. Would like to remind everyone that it is considered "an outdoor warning" system and has never been intended to rattle pictures off the walls. • Will be traveling during the Christmas holidays from December 211t to beginning of January. Will update once dates are set. MESSAGES FROM THE BOROUGH MAYOR • Mayor Roberts spoke on the status of current COVID-19 mandates. Stated that there is anticipated Federal changes to the mandates on November 15th and December 151h. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2021-03 With Discover Kodiak For Destination Marketing And Tourism Development. ARNDT moved to authorize the Borough Manager to execute Contract No. FY2021-03. Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 2 of 9 This is the annual contract with the Kodiak Island Convention and Visitors Bureau for destination marketing and tourism development services. $75,000 was approved in the FY21 budget for Discover Kodiak. The budget was created with $20,000 in Transient Accommodations Tax + $55,000 other funding (fund balance). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, Symmons, and Turner. Resolutions 1. Resolution No. 2021-19 Approving The Utility Relief Credit Program By Crediting Alaska Waste Solid Waste Disposal Services Utility Accounts In The Amount Of $318.50 In Order To Provide Financial Relief To Residents And Businesses Affected From The Coronavirus Pandemic. Clerk's Note: This Resolution was introduced and voted on after Ordinance No. FY2021-20. ARNDT moved to adopt Resolution No. FY2021-19 On March 11, 2020, Governor Dunleavy issued a declaration of public health disaster emergency in response to the COVID-19 anticipated outbreak in the State of Alaska. On March 23, 2020, the Kodiak Emergency Services Council (ESC) issued an emergency "hunker down" order effective March 24, 2020 to April 1, 2020 at which time these emergency regulations would be reevaluated. Kodiak residents and businesses were negatively impacted financially as a result of the local and statewide public health mandates. On March 27, 2020, Congress passed the federal act known as the Coronavirus Aid Relief and Economic Security Act (CARES Act). Section 601 of this Act established the Coronavirus Relief Fund (CRF) with the stated purpose of distributing $150,000,000,000 to states for "necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19)." The State of Alaska subsequently announced it would distribute CARES Act money to communities throughout the state. The Governor submitted his plan to the Legislature that included direct municipal relieffor$568.6 million of which $5,792,501 was directed to the Kodiak Island Borough. At the work session October 8, 2020, Borough Assembly recommended the utility relief credit program by crediting Alaska Waste solid waste utility accounts in the amount of $318.50 each in order to provide financial relief to residents and businesses affected from the Coronavirus pandemic. The Finance Department has estimated the total cost of the utility relief credit program at approximately $1,946,000. This resolution authorizes and directs the manager to use the CARES Act funding to cover the cost associated with this utility relief credit program and the steps necessary to implement it. TURNER moved to amend line 27 and 32 from $1,946,000 to $1,546,000 and $318.50 to $253.00. Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 3 of 9 ARNDT moved to postpone to a public hearing on November 5, 2020. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FIVE TO TWO: Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons (NOES); Turner and Arndt (AYES). ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: Dvorak, Kavanaugh, Schroeder, Skinner, and Turner (AYES); Arndt and Symmons (NOES). TURNER moved to correct an error on line 46, to add a zero to the amended dollar amount to reflect $1,546,000. ROLL CALL VOTE ON MOTION TO CORRECT ERROR ON LINE 46 CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Turner, Arndt, Dvorak, Kavanaugh, Schroeder, Skinner, and Symmons. Ordinances for Introduction 1. Ordinance No. FY2021-18 Rezoning A Portion Of Tract 37, Township 30 South, Range 20 West, Section 32, Seward Meridian From C - Conservation To R1 - Single Family Residential And PI - Public Use Land (Zoning Will Correspond To Lots Created By Abbreviated Subdivision S21-002). KAVANAUGH moved to advance Ordinance No. FY2021-18 to public hearing at the next regular meeting of the assembly on November 5, 2020. This rezone request was submitted by the City of Larsen Bay in conjunction with an abbreviated plat request to subdivide the same parcel. Each request will be conditional on the approval of the other. The intent is for proposed Lot 2, the larger parcel, to be retained by a private party and rezoned to R1-Single-family residential, while the smaller parcel, proposed Lot 1, will be donated to the Larsen Bay Tribal Council and rezoned to PL-Public Use Land in order to maintain the existing graves and cultural resources found there. The rezone of this portion of Tract 37, T30S R29W, Section 32 located in the city of Larsen Bay will assist in facilitating an exchange between the City of Larsen Bay and Mike Carlson, a private landowner in Larsen Bay. The City needs a mechanic shop and has proposed the trade of the subject parcel for a suitable shop owned by Mr. Carlson. The intent of both parties is for Mr. Carlson to retain 3.2798 acres of the subject parcel (proposed Lot 2) while 1.1593 acres (proposed Lot 1) will be donated to the Larsen Bay Tribal Council to preserve existing gravesites on the lot. The subdivision of the subject parcel received preliminary approval on August 20, 2020, conditional on the approval of this rezone. The 2008 Kodiak Island Borough Comprehensive Plan does not provide a clear future land use designation for the subject parcel. However, that appears to be typical treatment of larger, undeveloped parcels around the villages in the 2008 plan. There is language that indicates all land outside cities and unincorporated communities should be zoned Conservation. However, this parcel falls well within the Larsen Bay boundaries. The 1984 Larsen Bay Comprehensive Plan did designate the future use of this lot as residential. Therefore, this rezone would bring a portion of this parcel in line with the direction of that plan. Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 4 of 9 The 1984 Larsen Bay plan also stated a Land Use Goal of "maintaining the general pattern of existing land uses while providing suitable land use areas for expected community growth." Objective #4 of that goal was to "Protect the historically and archaeologically significant lands." Rezoning the portion of the subject lot containing the existing gravesites to PL-Public Use Land and dedicating it to the Tribal Council satisfies that objective. In 1977, Ordinance 1977-15-0 was passed which rezoned all previously unclassified lands as C-Conservation. The subject parcel was part of that rezone, which created a non -conforming lot based on the minimum lot size for the C-Conservation District. Lots zoned Conservation are required to have a minimum lot size of 5 acres. The subject parcel is 4.4391 acres. Because the parcel is non -conforming, it will be prohibited from subdividing without an approved rezone. Rezoning and subdividing this parcel will bring it into compliance from a lot size standpoint for both proposed parcels. Additionally, lots directly across the street are zoned R1 — Single -Family Residential, so the rezoning of proposed Lot 2 to R1 is consistent with the neighborhood. Within the residential area adjacent to this lot, there are several parcels held as PL — Public Use Land. Rezoning proposed Lot 1 to Public Use would be consistent with previous practices and would preserve and respect the cultural history of Larsen Bay by allowing the maintenance of existing grave sites and allowing additional grave sites to be placed there. Public Use is the only zone that permits cemetery use. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Dvorak, Kavanaugh, Schroeder, Turner, and Arndt (AYES); Skinner and Symmons (NOES). 2. Ordinance No. FY2021-19 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Various Chapters Of KIBC Title 17 (Zoning) To Address Issues Such As Necessary Updates, Errors And Omissions And Procedural Clarification. KAVANAUGH moved to advance Ordinance No. FY2021-19 to public hearing at the next regular meeting of the assembly on November 5, 2020. Title 17 (Zoning) of the Kodiak Island Borough Code is the zoning code for the entire borough. It is the most referenced code by the Community Development Department and therefore, mistakes, needed modifications, and updates are noted on a regular basis. The changes proposed in the attached ordinance are those that have been encountered through the course of normal business. Since zoning addresses topics such as building size and location, the intent is to work cohesively with the adopted building code. Multiple discussions found that certain portions of the zoning code addressing minor structural development and those structures and uses requiring a zoning compliance permit to be outdated and inconsistent with the currently adopted building code. Title 17 also references a specific building code, which is no longer the current adopted building code. Following the practice implemented with other revisions, this ordinance changes the language to reference the "current adopted building code." Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 5 of 9 In the definition section of Title 17, specific descriptions of structures requiring, or not requiring, zoning compliance permit were described, including examples of (outdated) square foot requirements. Regulations should not be included in a definition section. Changes have been made to reflect this. The proposed amendments are consistent with the following Local Government and Land Use goals and implementation actions of the adopted Comprehensive Plan: Local Government Goal: Improve the efficiency of service provision among government agencies within the Borough. • Land Use Goal: Make efficient use of planning staff and other resources. • Land Use Goal: Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. • Land Use Implementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost-effectively and efficiently. KAVANAUGH moved to strike line 67. ROLL CALL VOTE ON MOTION TO STRIKE LINE 67 FAILED SIX TO ONE: Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak (NOES); Kavanaugh (AYE). ROLL CALL VOTE ON THE MAIN MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Skinner, Symmons, Turner, Arndt, and Dvorak. 3. Ordinance No. FY2021-20 Rezoning Lots 1, 2 And 3, Block 13, Aleutian Homes Subdivision, From R2-Two-Family Residential To B-Business. ARNDT moved to advance Ordinance No. FY2021-20 to public hearing at the next regular meeting of the assembly on November 5, 2020. Mr. Seel requested a rezone of Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision, from R2 - Two -Family Residential District to UNC — Urban Neighborhood Commercial District. The subject lots make up one tax parcel. The subject tax parcel is located between Center Avenue and Carolyn Street on Lower Mill Bay Road. The lot is across the street from the Post Office. The lot is currently vacant, but Mr. Seel would like to build a structure on the property so that his wife can move her business, Kodiak Print Masters, into the new structure. The new structure would also provide storage for Mr. Seel's construction business and two apartments above the businesses. UNC - Urban Neighborhood Commercial District is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located. Because Kodiak Print Masters is a commercial printshop that provides services for the greater Kodiak community, and not just the immediate neighborhood, staff is recommending that the rezone request be amended from the requested UNC — Urban Neighborhood Commercial zoning to the proposed B—Business zoning. Additionally, the intended use of the subject parcel is more in line with the criteria set forth in KIBC 17.90.020 Permitted Uses. Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 6 of 9 A rezone of the subject parcel to B-Business would be inconsistent with the future residential land use designation presented in the 2008 Kodiak Island Borough Comprehensive Plan for that parcel, but would be consistent with the future commercial/business land use designation trend along the commercial corridor that runs from West Rezanof Drive, up Lower Mill Bay Road and along Mill Bay Road to the intersection of East Rezanof Drive. The rezone would also be consistent with the current B-Business zoning district trend along the same corridor. Current zoning for Lower Mill Bay Road from Center Avenue to Carolyn Street is a mix of B— Business, R1—Single-Family Residential, R2—Two-Family Residential and PL-Public Use Lands. 2008 Kodiak Island Borough future land use designations for this same area are Commercial/Business, Urban Residential and Public Facilities/Ownership. Mr. Seel requested the subject parcel be rezoned to UNC — Urban Neighborhood Commercial since a previous request to rezone the parcel from R2-Two-Family Residential to B-Business, was denied. On July 18, 1990, the Planning and Zoning Commission denied the rezone request presented in Case 90-42, amending the zoning for Lots 1, 2 & 3, Block 13, Aleutian Homes Subdivision from R2-Two-Family Residential to B-Business. The Findings of Fact supporting the action were adopted August 15, 1990. Thirty years have passed since Case 90-42 was heard and the conditions described in the Findings of Facts in Case 90-42 no longer apply. Firstly, Lower Mill Bay Road was upgraded during the Mill Bay Road Reconstruction Project in the early 1990s. Aerial imagery from July 5, 1985 shows that Lower Mill Bay Road between Center Avenue and Carolyn Street was a two-lane road. Today, Lower Mill Bay Road has an additional lane in the middle of the road to handle ingress and egress traffic to/from lots. This middle lane runs the full length of Lower Mill Bay Road, starting at Center Avenue, and extends all the way down Mill Bay Road to the intersection of East Rezanof Drive. Secondly, the applicant in Case 90-42 had no development plan when the rezone request was filed. By contrast, Mr. Seel has a clear development plan. Thirdly, Mr. Seel's development plan conforms to the types of uses permitted in a B-Business district as well as conforms to the current and future commercial development trends of the immediate area and of the greater Mill Bay corridor. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Turner, Arndt, Dvorak, Kavanaugh, and Schroeder. Mayor Roberts recessed the meeting at 7:55 p.m. Mayor Roberts reconvened the meeting at 8:05 p.m. 4. Ordinance No. FY2021-01 D Budget Amendment for Cares Funding To Provide Funding To The City Of Kodiak, Purchase Of Testing Supplies And Expenditures Of Balance For Covid19 Community Impacts. KAVANAUGH moved to advance Ordinance No. FY2021-01D to public hearing at the next regular meeting of the assembly on November 5, 2020. Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 7 of 9 The Borough is eligible to receive up to $5,792,500.90 in Federal CARES Act (Coronavirus Aid, Relief, and Economic Security) grant funds via the State of Alaska. The funding occurs in three payments: • $4,836,892.90 (83.5% of total amount) received on 06/26/2020 • $477,804.00 (8.25% of total amount) will be received after 80% ($3,869,514) of 1st payment is expended • $477,804.00 (8.25% of total amount) will be received after 80% ($382,243) of 2nd payment is expended Any money not expended prior to December 31, 2020 must be returned to the State of Alaska. The Assembly has previously approved funding for the Schools, the Borough, businesses, and non-profit grants. In addition, money was held in reserve for unplanned needs and the potential for a change in the law to allow less restrictions regarding the use of funds. At the work session, discussions occurred regarding the funding requests by the City of Kodiak for the need for testing supplies, and a credit to Solid Waste customers to offset financial difficulties they have experienced due to COVID-19. Discussion centered around the Sitka and City of Kodiak "models" with direction to staff to return with a similar proposal. Staff has reviewed the other jurisdictions proposal and staff has prepared a separate item to deal with the process and requirements for such a credit on customer accounts. In short, a flat amount ($500.00 in the City of Kodiak for example) is being funded by CARES to offset financial hardships caused by COVID-19. An application and certification of impact is required. In our case, based upon customer counts and assuming a flat credit to all customers, each would see a credit of $318.50 applied to their bill. Regarding testing supplies, we are being forced into the marketplace and we expect a significant demand for testing. Currently, supplies range in price with a low price of $41 per test for needed supplies. Appropriating $400,000 would provide enough test supplies for 9750 (we have used over 13000 tests since March). We expect the fish processing regulations, cases on the island and travel demands to increase or stay strong, thus creating a significant ongoing demand. Further, by providing the materials for the tests, it lessens the overall potential costs to those receiving the tests. There are several alternatives that have been discussed, but in any event, due to the deadlines we face, a plan of action should be adopted. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO TWO: Symmons, Arndt, Kavanaugh, Schroeder, and Skinner (AYES); Turner and Dvorak (NOES). Other Items "Declaring A Seat On The Architectural/Engineering Review Board Vacant (Mr. Dennis Hunt). CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) The following spoke under citizen's comments: • Randy Blondin Kodiak Island Borough Assembly Regular Meeting Minutes October 15, 2020 Page 8 of 9 ASSEMBLY MEMBERS'COMMENTS • Assembly Member Dvorak had no comment. • Assembly Member Arndt had no comment. • Assembly Member Skinner had no comment. • Assembly Member Schroeder had no comment. • Assembly Member Turner reminded the public to get out and vote on November 3, 2020. • Assembly Member Symmons expressed his appreciation of having been able to work with Doug Mathers in the past. • Assembly Member Kavanaugh gave a shout out to Nate Svoboda from the Department of Fish and Game, thanked him for his knowledge and participation in bear safety. Expressed concern regarding the new tsunami siren, does not seem to be loud enough. Glad to hear during Manager Powers report that this is being address. EXECUTIVE SESSION 1. Solid Waste Contract No. FY2019-25 Conference With Borough Attorney, Scott Brandt- Erichsen. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030 (F)(1)(a) to discuss Solid Waste Contract No. FY2019-25, a matter in which immediate public knowledge of could adversely affect the finances of the Borough and receive legal advice from the Borough's counsel. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Skinner, Symmons, Turner, Arndt, Dvorak, and Kavanaugh. SKINNER moved to invite Mayor, Assembly, Borough Manager, Engineering and Facilities Director, Dave Conrad, Special Projects Manager, Matt Gandel, Borough Attorney Scott Brandt- Erichsen via teleconference, and Borough Clerk, Alise Rice into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Roberts recessed the regular meeting and convened into executive session. Upon returning from executive session, Mayor Roberts reconvened the announced that no action was taken as a result of the executive sess`o -,r% BQgOG ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY The meeting adjourned at 10:28 p.m. Kodiak Island Borough October 15, 2020 ATTEST: Al e✓ Rice, Borough Clerk and Assembly Regular Meeting Minutes Page 9 of 9