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2011-08-04 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting August 4, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 4, 2011, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly members Austerman and Jeffrey who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Susan Baker, Joan Brodie, Vicky Jo Kennedy, and John Miller spoke on the proposal for the Chiniak timber project. COMMITTEE REPORTS None. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 951 PUBLIC HEARING 1. Ordinance No. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105 Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications. FRIEND moved to adopt Ordinance No. FY2012 -04. This ordinance was requested by Assembly member Stutes to avoid the possible or perception of conflict of interest of employees serving on different boards. It sets the parameters on what those limitations were by keeping in mind that a Borough employee should not be denied the opportunity to serve as a member of a certain Borough board or commission solely by reason of being employed by the Borough. The ordinance provided the specific qualifications for board membership for the Planning and Zoning Commission, Board of Equalization, and Solid Waste Advisory Board. It also addressed that Borough employees should not be denied the opportunity to serve on Service Area Boards. Mayor Selby opened the public hearing. Brent Watkins expressed concerns regarding possible employee conflicts between loyalties to the Borough and the boards they may represent and urged that the seats held by Borough employees be kept to a minimum. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Addressed concerns raised regarding the funding from the government for wildlife refuges. The Borough Lobbyist would continue to monitor the budget and keep the Borough informed. • Results of the FY2011 Vehicle Disposal Program. • He would be out of the office until August 15. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby presented a gift from the Russian Tall Ship Pal/ada to the Borough to commemorate its visit to Kodiak. He also noted that the 2011 fishing reports were good and wished everyone a good summer. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 952 UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2012 -05 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. This item was approved under the consent agenda. KIBC 2.40.160 provided for the destruction of records which were certified by the Clerk and Attorney as having no legal or administrative value, or historical interest. The list of records provided was not of historical, legal, nor administrative value, and met the minimum retention requirements. 2. Resolution No. FY2012 -06 Providing for the Issuance of Solid Waste Disposal Facility Revenue Bonds of the Borough for the Purpose of Providing Amounts to Acquire, Engineer, Design, and Construct Necessary Additions and Improvements to the Borough's Solid Waste Disposal Facility; and Providing for the Details Thereof. KAPLAN moved to adopt Resolution No. FY2012 -06. This resolution allowed the Borough to issue $3,640,000 of solid waste disposal revenue bonds to finance the initial architectural and engineering design work to enlarge the Landfill (Cell 1). At the time, the Borough planned to sell an additional $10,000,000 bonds to finish construction of Cell 1 at the Landfill. Manager Gifford and Finance Director Short provided additional information regarding content of the resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, and Friend. Ordinances for Introduction 1. Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. FRIEND moved to adopt Ordinance No. FY2012 -05 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Kenai Cable Company requested permission to erect a microwave communication tower on Tract C of the Ouzinkie Townsite Subdivision in order to extend broadband voice and data services to Ouzinkie and Port Lions. This service would be comparable to the services that were brought to the Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the mainland. The tower would be located on a parcel of land that was part of the school which housed the community's 250,000 gallon water tower. This location was also the access road to the facility. It was this area's elevation overlooking the community that made it important for utilities like water tanks and a communications tower. The future goal was to separate the area from the rest of the school site and dispose of the parcel to the City of Ouzinkie. The action to dispose of the land would occur at a future Assembly meeting. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 953 In the meantime, the PL- Public Use Zone was the proper zoning district for all the facilities located at the location as well as improvements at the school. The Planning and Zoning Commission held a public hearing on the request at its July 20, 2011 regular meeting and it was recommended to approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, and Fulp. Other Items 1. APPEAL TO THE ASSEMBLY An Appeal of the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, Granting Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. Mayor Selby noted that eighty -one appeal hearing notices were mailed. Six responses were returned and provided to the Assembly. It was announced that the Assembly would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Assembly, only persons who had submitted written argument on the appeal, testified before the Commission, or submitted written comments to the Commission were allowed to give oral argument. He outlined the order of the oral argument and announced that rebuttal would be limited to new evidence and testimony brought forward during private persons' comments. Mayor Selby also noted that failure to observe the procedures in the hearing would not affect the validity of the decision as long as the appellant had a reasonable opportunity to be heard. Mayor Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who have submitted written argument on the appeal: Amanda Breeden Peter and Eileen Lyse Martha Randolph Rick and Diane Langfitt Alan and Rose Wolf Michael W. Reuter William and Janet Arnold Testified before the Commission: Kevin Arndt Amanda Breeden Alan Wolf Submitted written comments to the Commission: None Kodiak Island Borough Assembly Minutes August 4, 2011 Page 954 The order of oral argument was as follows: 1. Borough staff represented by Community Development Director Cassidy and Planning and Zoning Commissioner Brent Watkins. Community Development Director Cassidy introduced the case and explained staff's process in bringing the case to the Planning and Zoning Commission. He spoke on the conditions of approval of the access and setback requirements. Commissioner Watkins spoke on the Commission's judgment on the case. It was noted that the subdivision was up to code. 2. Appellant: Amanda Breeden The appellant presented her case on the appeal. The appeal was brought forward on behalf of the subdivision. It was noted that after the Commission meeting was held the residents understood that the future development of the subdivision would not be amenable to the nature of the area. Safety concerns were expressed regarding traffic, children, household pets, and solid waste issues. 3. Private person supporting the appeal: Diane Langfitt spoke in support of the intent of the appeal to address zoning issues and noted the safety issues to the subdivision should the development proceed as proposed. She urged the Assembly to request the Commission to rezone the area to R -2 Multi- family Residential. 4. Private person opposing the appeal: Kevin Arndt, owner of MK Enterprises and the requestor of the access request, spoke in support of the appeal. At the time, there was no access to the three lots from Sharatin and he clarified that the desire was not to build sixplexes in the subdivision as was stated by the appellant. Mr. Arndt addressed the safety concerns presented by the appellant. 5. Appellant, for rebuttal: There was no rebuttal presented. Assembly member Friend spoke on the nature of the appeal and requested clarification on the appellant's request. CDD Director Cassidy spoke on the process of the request to access the three parcels in the subdivision on a lot by lot basis with access via Sharatin Road and Wilton White Way and in compliance with the stipulations set by the Fire Marshall. FRIEND moved to affirm - IN WHOLE - the Planning and Zoning Commission's Decision of Case No. 511 -014 on June 15, 2011, Granting Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, Fulp, and Kaplan. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 955 FRIEND moved to adopt the Findings -of -Fact of the Borough Assembly as stated in the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, Granting Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Kaplan, and Lynch. CITIZENS' COMMENTS Vicky Jo Kennedy spoke on the Chiniak Timber project and encouraged the Borough to sell land that it possessed. Mike Milligan spoke on the severance tax ordinance and noted that oil was not included. Mayor Selby noted that oil was a mineral resource. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commended Major Sergeant Blacketer for his presence at the meeting, the Salvation Army for its non - profit success, and addressed concerns of Commission Watkins regarding Ordinance No. FY2010 -04. Assembly member Friend expressed concerns on the process of the Appeal to the Assembly. Assembly member Fulp appreciated the testimony presented and agreed with Mr. Miller regarding the Chiniak Timber proposal. Announcements The Assembly work session scheduled on Thursday, August 11, 2011, and the regular meeting scheduled on Thursday, August 18, 2011 had been cancelled. The next Assembly work session would be held on Thursday, August 25, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, September 1, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, and Stutes. The meeting was adjourned at 8:40 p.m. KODIAK ISLAND BOROUGH ATTE -T: Jerome M. Selby,Syer i I, 41. Nova M. Javier MMC. orough Clerk Anproved: September 1. 2011 Kodiak Island Boroug Assembly Minutes August 4, 2011 Page 956