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2011-09-15 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting September 15, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 15, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Associate Planner Duane Dvorak, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special Meeting Minutes of August 25, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS None. COMMITTEE REPORTS Alaska Aerospace Corporation (AAC) Chief Operating Officer Craig Campbell and Chief Executive Officer Dale Nash provided a presentation and update on the current activities of AAC. It was announced that an upcoming orbital launch was scheduled on September 28, 2011 at 5 a.m. Assembly member Stutes reported on the latest Project Advisory Committee meetings regarding the code revisions. The next meeting was scheduled on September 20, 2011, at 6:30 p.m. at the Kodiak Fisheries Research Center. Assembly member Friend noted that the next Architectural /Engineering Review Board meeting was scheduled on September 19, 2011, at 5:30 p.m. at the Kodiak Fisheries Research Center. Assembly member Austerman noted that Providence Kodiak Island Medical Center would hold a community reception on September 20, 2011, at 5 p.m. at the Kodiak Harbor Convention Center. Kodiak Island Borough Assembly Minutes September 15, 2011 Page 967 Assembly member Jeffrey announced that next Kodiak Fisheries Advisory Committee meeting was scheduled on September 16, 2011, at 9 a.m. at the Kodiak College. PUBLIC HEARING 1. Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). KAPLAN moved to adopt Ordinance No. FY2012 -06. At its July 20, 2011 meeting, the Planning and Zoning Commission held an advertised public meeting on Case 11 -027, and recommended the rezoning of the parcel from RR1 -Rural Residential 1 (one acre) to RR2 —Rural Residential 2 (two acres). The 1.14 acre tract of land would be combined with another parcel (owned by Leisnoi, Inc.) to create one larger lot that would be 2.56 acres in size and would extend out to the Chiniak Highway. Action on the item would rezone the parcel and the Leisnoi parcel to create a single lot with one zoning designation. At one point, the parcel was known as the "Old Rendezvous Site." It was zoned B- Business and was one acre in size when it operated as a Bar /Restaurant. It was subsequently rezoned to RR1 when converted to a residential use by the Johnston family. Though it would not meet the required five acres minimum for residential lots in Middle Bay as identified in the Comprehensive Plan, the Commission's decision recognized that enlarging it would make it closer in size to the five acre requirement and there would be no change in the existing density nor the character of the surrounding area. Five notices were mailed out; no responses were received. Mayor Selby opened the public hearing. Sarah Thayer, Marilyn Guilmet, and Marie Rice spoke in opposition of Ordinance No. FY2012 -06. Duane Dvorak, representing the Community Development Department, spoke on the process and effectiveness of Ordinance No. FY2012 -06 and provided additional information regarding the parcels and the zoning corresponding to the parcels. Jay Johnston spoke in support of Ordinance No. FY2012 -06. Mayor Selby closed the public hearing. FRIEND moved to amend Ordinance FY2012 -06 by adding a Section 3 which stipulated that the rezone would not become effective until a final plat joining the properties (Case S11 -003) was filed and recorded. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. Assembly member Austerman requested information regarding and clarification on the concerns brought forth by the public testimony in opposition of the ordinance. Mr. Dvorak provided information regarding the zoning requirements and agricultural vs. residential zoning. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes September 15, 2011 Page 968 2. Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). FRIEND moved to adopt Ordinance No. FY2012 -07. At its July 20, 2011 meeting, the Planning and Zoning Commission held an advertised public meeting on Case 11 -028, and recommended that the unsubdivided parcel be rezoned from C- Conservation to RR2 -Rural Residential. If the rezone request was approved the parcel would be enlarged by combining it with an adjacent parcel known as the "Old Rendezvous Site" which had also been considered by the Assembly for rezoning. A single larger parcel (2.56 acres in size) would be created and this larger parcel would extend to the Chiniak Highway. This combination of two parcels into one larger parcel remained short of the minimum five -acre area requirement under the comprehensive plan for this neighborhood. The Commission's decision recognized that by enlarging the parcel, it came closer to meeting the area requirements and conformed to the comprehensive plan than if the parcels had not been joined. The Commission also recognized that this rezone action, as well as combining the two lots into one lot, would not increase the residential density that currently existed for the area. Five notices were mailed out; no responses were received. Mayor Selby opened the public hearing. Sarah Thayer and Marilyn Guilmet spoke in opposition of Ordinance No. FY2012 -07. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Fulp, Jeffrey, Kaplan, Lynch, Austerman, and Friend (Ayes); Stutes (No). 3. Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. JEFFREY moved to adopt Ordinance No. FY2012 -08. At its July 20, 2011 meeting, the Planning and Zoning Commission held an advertised public meeting on Case 12 -007 and recommended that the identified parcel be rezoned from RNC -Rural Neighborhood Commercial to PL- Public Use Lands. The Borough provided a "teacherage" (a dwelling unit) for the teacher and their family in Akhiok. The house was an older Pan Abode Cedar home. The Borough was in the process of fixing this structure including the removal of asbestos siding. It was discovered that it was presently in a zoning district that was not appropriate for the use. This change of zoning from RNC -Rural Neighborhood Commercial to PL- Public Use Lands would make this building and the Akhiok community building be consistent with the zoning. Thirty -four notices were mailed out; no responses were received. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Kodiak Island Borough Assembly Minutes September 15, 2011 Page 969 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Construction projects status update. • Encouraged residents to check their residential fuel tanks for deterioration which could cause leakage. • Would be out of town September 16 — October 5. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby requested the Manager to meet with Lobbyist Brad Gilman to acquire more information and clarification regarding the navigable waters resolution. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2006 -41A Extension of Contract No. FY2006 -41 Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011. JEFFREY moved to authorize the manager to execute Contract No. FY2006 -41A extension of Contract No. FY2006 -41 with Altman, Rogers, and Co. for Auditing Services for the Kodiak Island Borough and Kodiak Island Borough School District for Fiscal Year 2011 in the amount of $100,800 plus additional costs including, but not limited to, accounting assistance and support services for one year. This amendment would extend the contract the Borough had with Altman, Rogers, and Co. to audit the financial statements of the Kodiak Island Borough and the Kodiak Island Borough School District for one year. The extension was due to staff turnover in the Borough Finance Department. It was important to have stability from the auditors due to the staff turnover. The school district agreed with continuing with the current auditors. The contract would be $19,200 under the budgeted amount. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. Resolutions 1. Resolution No. FY2012 -11 Adopting a State Legislative Capital Improvement Projects Priority List for the 2012 Legislative Session. KAPLAN moved to adopt Resolution No. FY2012 -11. This resolution compiled the list of legislative capital improvement priority projects for the Kodiak Island Borough for the 2012 legislative session. It was important to have the list completed early so that projects could be considered by the different state agencies and hopefully be included in the Kodiak Island Borough Assembly Minutes September 15, 2011 Page 970 Governor's Capital Budget. This list would be forwarded to the legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the projects. A corrected version of the resolution was provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. Ordinances for Introduction None. Other Items 1. Declaring a Seat on the Parks and Recreation Committee Vacant. This item was approved under the consent agenda. On August 24, 2011, Mr. Willy Bethea submitted a notice of resignation from the Parks and Recreation Committee. The Assembly accepted, with regret, the resignation of Mr. Bethea from the Parks and Recreation Committee for a term to expire December 2011, and directed the Borough Clerk to advertise the vacancy per Borough Code. 2. Approval of the October 4, 2011 Regular Municipal Election Workers. This item was approved under the consent agenda. Per KIBC 7.30.010A Election Officials the assembly appoints at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. Mayor Selby thanked those who had volunteered to serve as election workers for the upcoming election. EXECUTIVE SESSION 1. Matters Involving Negotiations with IBEW, a Labor Organization Representing Borough Employees. JEFFREY moved to convene into executive session to discuss matters involving negotiations with the IBEW which qualifies for executive session per KIBC 2.30.030(E.I.D), under matters involving negotiations with labor organizations representing Borough employees. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The Borough Assembly, Manager, and Clerk's Office Staff were invited into executive session. After the vote, Mayor Selby recessed the regular meeting at 8:55 p.m. and convened the executive session at 9 p.m. Kodiak Island Borough Assembly Minutes September 15, 2011 Page 971 Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 9:18 p.m. and announced there was no action to be taken as a result of the executive session. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Friend and Jeffrey commented on potential fuel tank leakages and encouraged the community to check the conditions of residential fuel tanks regularly Announcements Mayor Selby announced that the Assembly would hold a special meeting on Monday, September 19, 2011, at noon in the Borough Conference Room. The next Assembly work session would be held on Thursday, September 29, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, October 6, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election would be held on Tuesday, October 4, 2011. If citizens would be out of town on Election Day, absentee voting was available in the Borough Clerk's Office, Room 101 in the Borough building from 8 a.m. to 5 p.m., starting Monday, September 19, 2011, through Monday, October 3, 2011. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting was adjourned at 9:22 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome y,_ _ayor Nova M. Javier, M +C, Borough Clerk Approved: October 6, 2011 Kodiak Island Borough Assembly Minutes September 15, 2011 Page 972