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2008-04-03 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting April 3, 2008 A regular meeting of the Kodiak Island Borough Assembly was held April 3, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of March 20, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS Bob Johnson commented on the Kodiak Island Comprehensive Plan, planning of downtown Kodiak, and Solid Waste Management plan. He thanked the Assembly for its support on the new hospital parking area plan. COMMITTEE REPORTS Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee. PUBLIC HEARING A. Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017). JEFFREY moved to adopt Ordinance No. FY2008 -18. Clerk Javier noted that nine public hearing notices were sent out, none were returned. The Planning & Zoning Commission initiated this investigation by motion at the December 2007 regular meeting at the request of the Alaska Department of Transportation & Public Facilities (ADOT /PF). ADOT &PF would like to have the property zoned appropriately for airport uses before they proceed with the appraisal and acquisition of the land, the bulk of which is owned by the Ouzinkie Native Corp. (surface estate) and the Koniag Regional Native Corp. (subsurface estate). Kodiak Island Borough Assembly Minutes April 3, 2008 Page 532 ADOT /PF has provided airport design maps which describe the lands to be acquired and assembled for the new Ouzinkie Airport. These maps do not provide the kind of boundaries that correspond to legal descriptions that staff normally requires for the mapping of zone boundaries. The airport design maps are accurate enough, and can be obtained in electronic format, so that the recommended zone can be accurately incorporated into the existing zoning map for the area. After a public hearing was held on February 20, 2008, the Commission recommended the Kodiak Island Borough Assembly rezone the three parcels identified in the application and case packet totaling approximately 157 acres ( + / -) based on the Commission's review and recommendation. This case is now being forwarded to the Kodiak Island Borough Assembly with "Findings" as required in KIBC 17.72.020.A. The findings have been incorporated into a draft ordinance which has been prepared for Assembly introduction. In addition, selected materials reviewed by the Commission are included with this packet for Assembly consideration. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation and RR2- Residential Two To RNC -Rural Neighborhood Commercial. ABELL moved to adopt Ordinance No. FY2008 -19. Fifteen public hearing notices were sent out. Written comments received were entered into the record. This is a case that stemmed from a zoning violation. The Kodiak Winery was constructed without the required building and zoning compliance permits. CDD staff has been writing violation letters for a number of years that has lead the petitioners to request a rezone before the Commission. The present use is a commercial enterprise (Winery Building and five residential rentals) on a Conservation zoned lot that does not allow for this level and type of use. This case was postponed when it was initially scheduled before the Commission in 2003 until the comprehensive plan was adopted, which occurred in December 2007. The recently adopted comprehensive plan did identify an area in this location for small scaled commercial use. This translated into the commission approving the rezoning of two lots from Conservation and RR2 to Rural Neighborhood Commercial. This approval was subject to the following conditions or effective clauses: 1. The rezone shall not become effective until the petitioner has acquired the necessary building permit, zoning compliance permits, and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission with a note on the plat that states: "No future subdivision of this parcel shall occur. "; and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and Kodiak Island Borough Assembly Minutes April 3, 2008 Page 533 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or recordable document. Manager Gifford requested that the title for Ordinance No. FY2008 -19 be amended by inserting the words "and RR -2 Residential Two" after C- Conservation. FRIEND moved to amend the title of Ordinance No. FY2008 -19 by inserting the words "and RR- 2 Residential Two" after C- Conservation. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Mayor Selby opened the public hearing. The following commented on Ordinance FY2008 -19: Curt McCormick, Bob Brodie, Jennifer Lucas, John Lucas, Brad McCormick, John Miller, Moe Butler, Marie Rice, Rob Routzahn, Scott Bonney, Teresa Bonney, Verda Koning, Susan Baker, Joe Erwin, Erin Koning, Ernie Schiedler, Virginia Adams, Dallas Dominguez, Ingrid Neubauer, Eric Lineg, Vicki Hester, Perry Page, Bill Applebee, Jenny Sargent, Wayne Sargent, Fred Patterson, Ernie Suazo, Jerome Tousignant, and Donna Sargent. ROLL CALL VOTE ON MOTION AS AMENDED FAILED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • P &Z Commissioners will travel to Larsen Bay to speak with the community on development and zoning. • SWAB has reviewed the Landfill's FY07 Financial Report and will issue a solid waste plan soon. • Spoke with Mark Hickey on Legislative issues. Governor Palin has left $12M in the Capital Improvements Project list. • Staff is working on the FY09 budget while waiting on legislative decisions on local projects. Staff is expecting higher costs for building and lower revenues in investments. MESSAGES FROM THE BOROUGH MAYOR — None. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts A. Contract No. FY2008 -30 Authorizing the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. JEFFREY moved to authorize the Manager to execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Brechan Enterprises, Inc. in an amount not to exceed $4,914,060. Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This Contract is for the construction of a Community Kodiak Island Borough Assembly Minutes April 3, 2008 Page 534 Health Center Addition attached to the existing PKIMC along with renovations to the Hospital. The construction documents, bid documents and associated addenda are available for review. The Project is funded by a combination of grants to the Community Health Center and a commitment from the KIB Assembly to complete the PKIMC parking lot. Bids were received in response to KIB's invitation to bid dated February 2008. A bid tabulation is available. The E/F Department has reviewed the bids and recommended that a Contract for the Community Health Center and renovations to PKIMC be awarded to Brechan Enterprises, Inc. in an amount not to exceed $4,941,060. This includes the base bid and alternates 1, 2, 3 and 4. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. Resolutions — None. Ordinances for Introduction — None. Other Items A. Mayoral Appointment to the Prince William Sound Citizens Regional Advisory Council. OSWALT moved to confirm the Mayoral appointment of Mr. Al Burch for a term to expire 2010 on the Prince William Sound Citizens Regional Advisory Council. This is Mr. Burch's reappointment to the Prince Sound Citizens Regional Advisory Council for a term to expire March 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. CITIZENS' COMMENTS Brenda Friend expressed gratitude for the Borough staff's work on the CHC. She thanked Assembly for the approval of the CHC contract. John Miller thanked the Assembly for its consideration of Ordinance FY2008 -19 and spoke in favor of changing the RNC zoning code. Scott Bonney spoke in favor of changing the RNC zoning code. Monte Hawver thanked the Assembly for its support on the CHC project. Teresa Bonney thanked the Assembly and staff for their consideration on Ordinance FY2008- 19. ASSEMBLY MEMBER COMMENTS Assembly member Stutes was happy with the public hearing turn out and hoped the issue was satisfactorily resolved. She was glad to see the Clinic contract was approved. She expressed concerns over the countersuit filed by the Borough attorney. Assembly member Friend recognized his appointment to the Kodiak College Council. He commented that Hawaii was facing similar community and landfill issues, and they are in the process of pursuing a waste -to- energy program. Kodiak Island Borough Assembly Minutes April 3, 2008 Page 535 Assembly member Abell explained the reason of his request for a timeline of the Stephens vs. KIB from the Clerk. He wanted to see settlement of the legal issue soon. Assembly member Branson agreed the ongoing legal issue was a waste of tax payers' money and should not have been brought up in the first place by the litigant. Assembly member Jeffrey appreciated that the Solid Waste draft is soon to be received. Assembly member Oswalt reported on his travels, saying Kodiak residents don't realize how fortunate they are that Kodiak has such a quantity of fresh water. He spoke about proactive recycling. Assembly member Lynch had no comments. The Assembly work session of Thursday, April 10, 2008 and the Regular Meeting of Thursday, April 17, 2008 have been cancelled. The Assembly will meet on Saturday, April 19, 2008 at 9 a.m. in the Borough Conference Room to discuss Land Sale Management with the Planning & Zoning Commission. The next Assembly work session will be held on Thursday, April 24, 2008 in the Borough Conference Room and the next Regular Meeting will be held on Thursday, May 1, 2008 in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. The meeting adjourned at 10:10 p.m. ATTEST: Kodiak Island Borough April 3, 2008 , Borough Clerk KODIAK ISLAND BOROUGH Approved: May 1, 2008 ome M. Selby, Mayor Assembly Minutes Page 536