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08/17/2017 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting August 17, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on August 17, 2017, 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 Friend led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. VAN DAELE moved to excuse Assembly member Smiley who was absent to attend an Alaska Municipal League board meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA LEDOUX moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Representative Louise Stutes called in and advised the Assembly regarding the upcoming visit of five legislators to Kodiak. She appreciated the Assembly's offer to subsidize a reception for them and announced that a public forum was scheduled on Thursday, August 24 from 6-8 p.m. at the Convention Center. Patrick Saltonstall from the Alutiiq museum gave a brief overview regarding the artifacts that are subject to donation to the museum. He encouraged the Assembly to approve the request and made himself available to answer questions. Scott Grifin spoke regarding the seniors and veterans property tax exemptions. Chris Ford commented regarding Ordinance No. FY2018-03 suggesting additional wording to identify the different zoning districts in the definitions under Chapter 17.25.020. She also opposed taking away the senior and disabled vets property tax exemptions. Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 Page 1 of 10 Pat Holmes concurred with the comments regarding the senior citizens property tax exemption. He asked that the seniors be notified whenever this issue comes up before the Assembly. Ray Stobinski opposed the removal of the senior tax exemption. Judi Kidder said that the removal of the senior property tax exemption would cause hardship for families. She urged the Assembly to remove the height and weight restriction of animals from Ordinance No. FY2018-03. Mike Dolph commented regarding taxes and urged the Assembly to be careful since other communities went bankrupt due to over taxation. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS None. PUBLIC HEARING Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025). LEDOUX moved to adopt Ordinance No. FY2018-05 in first reading to advance to public hearing at the next regular meeting of the Assembly. This Comprehensive Plan Future Land Use Designation change request and subsequent rezone request (P&Z Case No. 17-026) are the result of a substantiated complaint regarding the operation of a commercial lodge on R1 -Single-family Residential zoned Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision (a prohibited use in that zoning district). A commercial lodge (Kodiak Legends Lodge) has operated on lot 1A since 1998. Since 2009, related lodge activities have expanded onto adjacent Lots 2, 3, and 4. The applicant desires to continue the existing lodge operation. To legally do so, the subject lots must be rezoned from R1 -Single-family Residential to B -Business. Although B -Business zoning is consistent with various objectives of the adopted Comprehensive Plan, it is not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, that designation must be changed to a designation that is consistent with B - Business zoning. The requested Mixed Commercial/Waterfront/Residential designation is consistent with B -Business zoning. The Planning and Zoning Commission held a public hearing on this request at their April 19, 2017 regular meeting. The Commission, after hearing public comment opposing the amendment, voted to postpone the request to the June 21, 2017 regular meeting. The intent of Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 the postponement was to allow sufficient time for additional input from the City of Larsen bay and residents. In an effort to solicit additional public input, the June 21, 2017 public hearing was advertised to all listed Larsen Bay property owners. After that public hearing, the Commission, voted unanimously to divide the request by separating the proposed 2008 Comprehensive Plan amendment for Lot 1A from Lots 2, 3, and 4. The question was divided to accommodate addressing the long standing lodge use separately from the more recently expanded lodge related activities. The Commission then voted unanimously to recommend that the Assembly approve the 2008 Comprehensive Plan amendment for lot 1A and postponed the proposed amendment for Lots 2, 3, and 4 to their April 19, 2018 regular meeting The intent of the postponement is to allow sufficient time for further input on the more recently established lodge related activities taking place on those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan as it pertains to the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applies to Lot 1A. Mayor Rohrer opened the public hearing. The following commented under public hearing: Bill Nelson from the City of Larsen Council, Jane Petrich, Mary Nelson, Edward Haskins, Richard Hansen, Brent Guard, Virginia Standton, and Hugh Kennen. Mayor Rohrer closed the public hearing and reconvened the meeting. VAN DAELE moved to postpone to the Assembly regular meeting of May 3, 2018. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Crow, LeDoux, Skinner, Symmons, and Van Daele (Ayes); Townsend (No). 2. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17- 026). LEDOUX moved to adopt Ordinance No. FY2018-06. This rezone request follows a 2008 Comprehensive Plan amendment request for the same parcels (Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision, P&Z Case No. 17-026, KIB Ordinance No. FY2018-05). As was the case with the associated Comprehensive Plan amendment request (P&Z Case No. 17-026), the Planning and Zoning Commission initially postponed the rezone request. The request was later divided by separating the proposed rezone of Lot 1A from lots 2, 3, and 4. The Commission then unanimously voted to recommend that the Assembly approve the rezone of Lot 1A and postponed the proposed rezone of Lots 2, 3, and 4 to their April 19, 2018 regular meeting. The intent of the postponement is to allow sufficient time for further public input on the request as it applies to those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan to address the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applies to Lot 1A. Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 On August 4th, 2017, the Clerk's Office mailed 90 public hearing notices. Mayor Rohrer opened the public hearing. The following spoke under public hearing: Jane Petrich and Bill Nelson. Mayor Rohrer closed the public hearing and reconvened the regular meeting. VAN DAELE moved to postpone to the Assembly regular meeting of May 3, 2018. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Symmons, Townsend, Van Daele, and Crow. 3. 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). VAN DALE moved to adopt Ordinance No. FY2018-07. 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. On August 4th, 2017, the clerk's office mailed out 90 public hearing notices. Mayor Rohrer opened the public hearing. The following spoke under public hearing: Jane Petrich, Edward Haskins, Hugh Kennen, and Bill Nelson. Mayor Rohrer closed the public hearing and reconvened the regular meeting. VAN DAELE moved to postpone to the Assembly regular meeting of May 3, 2018. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Skinner, Symmons, Van Daele, Crow, and LeDoux (Ayes); Townsend (No). Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Staff members are looking for ways to make processes simplified such as issues in Title 17, policy manual for the assembly, citations and code enforcement, and personnel code. • MS Windows 10 training for staff members • Non -disclosure agreement with Providence is still in place and should be honored • New fire truck for the City of Port Lions, Bayside Fire is providing assistance for training • Discussion with School superintendent regarding crossing guard issues • 69 wood permits in Chinak were issues MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced reminded the public that there is no meeting next week. He attended the unraveling ceremony for the new bear statue at the Wildlife refuge. UNFINISHED BUSINESS 1. Ordinance No. FY2017-30 Amending Sections Of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal — In General, To Address Certain Payment And Notice Requirements. On May 18, 2017, Assembly member Kyle Crow made a motion to amend the ordinance by replacing lines 64-81 with the language provided in the attachment. The amendment was postponed to the August 17, 2017 meeting in order to receive feedback from the incoming Resource Management Officer. The Borough Lands Committee proposed to improve and streamline the borough land disposal process. In addition, they have endeavored to conform the language of KIBC 18.20, Real Property Disposal - In General, with the applicable language in KIBC 18.30, Sale of Borough Land. CROW moved to further amend the amendment as reflected below: Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 Notice of disposal of borough land by competitive bidding or proposals, or at public auction, shall be provided to achieve the best possible sale price or advantage for the Borough. At a minimum, each land sale shall be marketed and advertised via newspaper and radio announcements, the Kodiak Island Borough Web Site, and public postings for at least two consecutive (2) months prior to the sale. Additional notice may be given by any means determined to be reasonable by the FRaR@geF GF the assembly (including commercial real estate listings, "For Sale" signs and/or banners, flagging, and other high visibility advertising and markings at the property.) The assembly's approval for disposal by sale process. The written notice must include a brief description of the land, its size and general location, the proposed use, term, minimum offer, limitations, and special considerations, if any, and time and place set for the auction or bid opening. The land status file of the parcel shall be made available to any individual upon request. All prospective and interested parties shall be urged to personally examine the parcels prior to the sale. There shall be no representation or warranty concerning the condition of the property, the presence or absence of any environmental pollution, or the suitability of the property for any particular use. ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT FAILED TWO TO FOUR: Symmons, and Crow (Ayes); Townsend, Van Daele, LeDoux, and Skinner (No). ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, and Symmons. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Symmons, and Townsend. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) and 17 (Zoning) Broadening Animal Control Laws, Creating An Urban Agricultural Use And Establishing The Use As Permitted In The R1 -Single -Family Residential, R2 -Two -Family Residential, and R3 -Multi -Family Residential Zoning Districts, And Establishing General Agricultural Activities As A Permitted Use In The RR -Rural Residential Zoning District. VAN DAELE moved to advance Ordinance No. FY2018-03 to advance to public hearing at the next regular meeting of the Assembly. Ordinance No. FY2017-17 was passed in October 2016, placing a moratorium on the enforcement of land use regulations prohibiting the keeping of chickens and other small animals useful to people. P&Z and staff were directed to review Titles 6 and 17 and provide proposed changes to the Assembly. Several P&Z work sessions (February, March, June, and July) and two public meetings (March and May) have been held to discuss urban agriculture in Kodiak. Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 After a public hearing in July, P&Z voted to forward Ordinance No. FY2018-03 to the Assembly for consideration and approval. Based on discussion at the Assembly's work session on August 10, 2017, staff has made minor modifications to the proposed ordinance in relation to "domesticated animals." VAN DAELE moved to strike out "from breeds typically not to exceed 27 inches in height or 150 pounds in weight" on lines 148-149. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Symmons, Townsend, and Van Daele. VAN DAELE moved to amend by inserting "R1, R3, R3" after "people." on line 145. ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: LeDoux, Skinner, Symmons, Townsend, Van Daele, and Crow. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Townsend, Van Daele, Crow, and LeDoux. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). LEDOUX moved to advance Ordinance No. FY2018-02 to public hearing at the next regular meeting of the Assembly. The Borough has noted a growing public awareness of the need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1 -Single Family Residential, R2 -Two -Family Residential, and R3 -Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission has held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Townsend, Van Daele, Crow, and LeDoux. Other Items 1. Approval Of Donation Of Borough Owned Alutiiq Artifacts To The Alutiiq Museum. SKINNER moved to approve the transfer of Borough owned Alutiiq artifacts to the Alutiiq Museum reflected in the attached letter in celebration of the Alutiiq Museum's 20th anniversary. The Alutiiq Museum requests that the Kodiak Island Borough donate a collection of artifacts and samples from Borough lands to the Alutiiq Museum. The collection is from the fourth and final season of excavations at the Kashevaroff site. The collection reflect the history of Kodiak's Alutiiq people and donating them would allow the Alutiiq community to fully control of the care of these ancestral objects. Historical note: In 2010 and 2015, the KIB donated a collection of artifacts excavated in 2009 at a prehistoric archaeological site located on Borough property on Woody Island. Meeting packet information and minutes were added as a part of this packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. 2. Letter Of Support For The Kodiak Community Health Center's Federal Grant. VAN DAELE moved to approve the letter of support for the Kodiak Community Health Center's federal grant. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, and Symmons. CITIZENS' COMMENTS Judi Kidder thanked the Assembly for taking the weights and heights out of the ordinance and thanked the mayor for mentioning the poverty levels in Kodiak. She additionally noted that almost a third of the population of Kodiak is below the poverty level. Kate Ballinger expressed the need to notify the Seniors when the issue of Senior Tax Exemption is being discussed. Pat Holmes complemented staff for doing a great job. He noted that the currently Assembly is a productive Assembly. ASSEMBLY MEMBER COMMENTS Assembly member LeDoux urged the Assembly to write a letter to the Coast Guard asking what their future plans are about bringing more people in to Kodiak. He also requested a presented Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 from the Kodiak Rocket Launch facility. He reminded everyone to be mindful when driving since it is almost the beginning of school year. Assembly member Crow heard lots of comments from seniors and vets. He explained his reasoning why he brought forward the Senior Tax Exemption resolution. Assembly member Symmons thanked those who participated in the meeting. Assembly member Townsend explained his vote regarding the Larsen Bay rezones. He also commented about the importance of taking responsibility for animals such as keeping chickens in a pen. Assembly member Skinner at recent work session started to receive info on administrative variances and is looking forward to continuing the presentation and having a discussion related to land use. Assembly member Van Daele was glad to see the number of candidates running for Assembly. Announcements Mayor Rohrer announced that the Assembly would hold a work session on Thursday, August 31, 2017 at 6:30 p.m. in the School District Conference Room and the next regular meeting was scheduled on Thursday, September 07, 2017 at 6:30 p.m. in the Borough Assembly Chambers. Mayor Rohrer reminded that the upcoming Municipal Election is scheduled on Tuesday, October 3, 2017 and announced the need to register to vote. EXECUTIVE SESSION Real Property Negotiations And Strategies Regarding The Long Term Care Facility. Manager Powers stated that this session was no longer necessary. 2. Real Property Negotiations and Strategies Regarding The Providence Counseling Center Offices. SKINNER moved to convene into executive session to discuss real property negotiations and strategies regarding the Providence Counseling Center offices, the immediate public knowledge of which would adversely impact the Borough's finances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Symmons, and Townsend. Kodiak Island Borough Assembly Regular Meeting Minutes August 17, 2017 SKINNER moved to invite the Mayor, Assembly, Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the meeting at 9:41 p.m. and reconvened the regular meeting at 10:07 p.m. He announced that direction was given to the Manager on how to proceed. ADJOURNMENT TOWNSEND moved to adjourn the meeting at 10:08 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ATTEST: '2 ka I - Nova M. Javier, MMC, Bol ugh Clerk Kodiak Island Borough August 17, 2017 KODIA K I BP O H Daniel A. Rohrer, Mayor Approved on: September 21, 2017 Assembly Regular Meeting Minutes