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09/07/2017 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting September 7, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on September 7, 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 Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matt Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Assistant Clerk Karen Siador. LEDOUX moved to excuse Assembly member Crow and Skinner who were absent due to personal leave or personal circumstances. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Rebecca Skinner was detained due to a flat tire and she arrived shortly after she was excused. APPROVAL OF AGENDA AND CONSENT AGENDA VAN DAELE moved to approve the agenda and consent agenda. VAN DAELE moved to amend the agenda to address item 9b before item 9a. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of July 20, 2017 and August 3, 2017, and the special meeting minutes of July 11, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Lorna Arndt spoke about a perceived conflict of interest in regards to Assembly member Van Daele. Judi Kidder thanked the Assembly and the Kodiak community for their help during the Bells Flats flooding over the weekend. She also talked about the beginning of the school year. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 1 of 8 Andy Finke thanked the Borough with their help during the flooding at Bells Flats. Tasha Simpler expressed her ideas about the safe crosswalk for the pedestrians. Jeff Stewart spoke about his opposition in regards to repealing the senior exemption. Alan Schmidt as President of the Board of the Hospice and Palliative Care of Kodiak thanked the Assembly for their future help for their organization. Barbara Zimmerman spoke about her opposition in regards to repealing the senior exemption. Bernadette Deolazes thanked the Assembly for their help during the flooding at Leta Street. She also said that the senior exemption should be kept. Jonathan Strong with the Kodiak Area Mental Program spoke about the non-profit funding and gave further detail about what their organization do and how their camp can help the community. He also thanked the Assembly for their support. AWARDS AND PRESENTATIONS Finance Director Dora Cross, provided a brief presentation on the FY2017 Budget -To -Actual Year -End Review. COMMITTEE REPORTS None. PUBLIC HEARING 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 adopt Ordinance No. FY2018-03. 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) had been held to discuss urban agriculture in Kodiak. 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 had made minor modifications to the proposed ordinance in relation to "domesticated animals". These changes Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 2 of 8 were highlighted on the updated ordinance document and were incorporated at the August 17th meeting. VAN DAELE moved to amend Ordinance FY2018-03 using Version 2 of the Ordinance to insert the following statements after the 91" "Whereas" Statement: "WHEREAS, the Kodiak Archipelago, including our residential areas, is recognized as being a success story for human coexistence with Kodiak brown bears, and WHEREAS, for the continued safety of our residents and neighborhoods it is essential for human -created attractants to bears (such as livestock pens) be properly secured and maintained; and" and to amend line 125 to replace the words "adverse impacts' with "threats". SKINNER moved to split the amendment to address the amendment to line 125 separately. ROLL CALL VOTE TO SPLIT THE AMENDMENT CARRIED FIVE TO ONE: LeDoux, Skinner, Symmons, Townsend, and Van Daele (Ayes); Smiley (No). ROLL CALL VOTE ON THE FIRST AMENDMENT CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. ROLL CALL VOTE ON THE MOTION TO AMEND LINE 125 FAILED ONE TO FIVE: Symmons (Ayes); Smiley, Townsend, Van Daele, LeDoux, and Skinner (Noes). Mayor Rohrer opened the public hearing. Judi Kidder said that electric fences should not be mandatory and should be on a case by case basis. She also differentiated between adverse impacts and threats. Kathleen Aboussleman spoke about past zoning issues in her neighborhood on Shahafka. She also expressed her opposition regarding Ordinance FY2018-03 and how bears were never a threat to their chickens unlike the eagles. Nate Svoboda addressed the Ordinance FY2018-03 and strongly encouraged the Assembly to adopt the use of electric fences and he discussed bear behaviors. He also mentioned that the Department of Fish and Game was willing to help the community determine which electric fences to use. Jeff Stewart encouraged the Assembly to take electric fences in to heavy consideration before passing Ordinance FY2018-03. Joe Macinko spoke about an early season bear hunt on the road system that was suggested by his friend and also stated that electric fences would not keep everyone safe. Wayne Aboussleman expressed his opposition to Ordinance FY2018-03. He stated that Bears were not a problem to his chickens, but bears getting in to the trash were a problem. Larry Van Daele thanked the Assembly for giving him the opportunity to speak at their August 31" work session. He said that he supports sustainable Kodiak. He also said that electric Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 3 of 8 fencing was the most effective way to keep bears from attacking small livestock, but that it should not be required. Chris Ford, owner of Bells Flats Poultry said that electric fencing should be up to the owners discretion and should also be on a case by case basis. Barbara Zimmerman was opposed the idea of Ordinance to No. FY2018-03 mandating everyone to have electric fences for their chickens. Malina Holmes she spoke about her opposition to Ordinance FY2018-03 and said that electric fences should not be mandatory. Samantha Aboussleman said that she never had issues with her chickens being attacked by bears. Mayor Rohrer closed the public hearing and reconvened the meeting. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, LeDoux, Skinner, and Smiley. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). TOWNSEND moved to adopt Ordinance No. FY2018-02. The Borough had 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 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. Mayor Rohrer opened the public hearing. Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 4 of 8 Paul VanDvke thanked Mayor Rohrer and Mark Anderson. He also expressed his approval of the Ordinance FY2018-02. Jeff Stewart noted that he felt Ordinance FY2018-02 was a good idea, but was concerned about sewage capacity and some areas of the community that were not built for high density residential zoning. He also asked the Assembly to take the Ordinance FY2018-02 into consideration. Mayor Rohrer closed the public hearing and reconvened the meeting. Mayor Rohrer re -opened the public hearing. Scott Arndt spoke in opposition to Ordinance FY2018-02. He said that it was not designed for spot zoning throughout the district and not all lots were built for high density population. Judi Kidder suggested that an option would be to reduce the minimum lot size but that the RSL zoning district should stand alone as it is. Mayor Rohrer closed the public hearing and reconvened the meeting. SMILEY moved to amend Ordinance No. FY2018-02 to RR1 and RR from the application. SMILEY moved to withdraw his motion. VOICE VOTE ON MOTION TO WITHDRAW MOTION CARRIED UNANIMOUSLY. VAN DAELE moved to postpone Ordinance No. FY2018-02 to the September 21 regular meeting of the assembly and to hold a second public hearing at that time. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Van Daele, LeDoux, Skinner, Smiley, and Symmons (Ayes); Townsend (No). BOROUGH MANAGER'S REPORT • Talked to the lobbyist regarding hurricanes Harvey and Irma and the salmon disaster. • Bells flats' flooding was controlled for the present. • Bayside Fire Department received an Aid to Firefighters Grant. • Rural forum would be coming up in two weeks. • Working with the hospital regarding a sublease agreement. • Employees on personal and sick leave. • Met with new business representative for the union represented employees. MESSAGES FROM THE BOROUGH MAYOR - None UNFINISHED BUSINESS — None. NEW BUSINESS Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 5 of 8 Contracts 1. Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017 SKINNER moved to authorize the Manager to sign Amendment No. 2 to Counseling Center Lease Agreement Extending the Current Lease Through December 31, 2017. On April 6, 2017 the Assembly authorized a 90 day extension of the lease agreement with Providence Health & Services for occupation of the Borough owned building space known as the Counseling Center. Borough and Providence staffs have been unable to meet for discussion of facility needs and terms for a new lease agreement and respectfully requested a further extension of the existing lease through December 31, 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ledoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. Resolutions 1. Resolution No. FY2018-11 Approving FY18 Kodiak Island Borough Non -Profit Funding VAN DAELE moved to approve Resolution No. FY2018-11. The Assembly appropriated $40,000 in the FY18 budget for small competitive grants to non- profit organizations. This resolution distributes non-profit funding according to the August 31, 2017 work session discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, and LeDoux. Ordinances for Introduction 1. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. Ordinance No. FY2018-04B was approved under the consent agenda. Upon further review of the ordinance, the following changes were being recommended: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 6 of 8 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. Other Items None. CITIZENS' COMMENTS Jonathan Strong thanked the Assembly for their support in regards to the Resolution FY2018- 11. Jeff Stewart spoke about the Ordinance FY2018-02 and expressed his suggestions. ASSEMBLY M EMBERS' COMMENTS Announcements Mayor Rohrer announced that the Assembly would hold a joint work session with the City of Kodiak on Wednesday, September 13, 2017 at 7:30 p.m. in the City Public Library and a regular work session on Thursday, September 14, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting was scheduled on Thursday, September 21, 2017 at 6:30 p.m. in the Borough Assembly Chambers. He reminded the public that absentee voting for the upcoming election would be available in the Clerk's Office starting on Monday, September 18 until Monday, October 2nd from 10 a.m. to 4 p.m. Assembly member Townsend appreciated the discussion. Assembly member Symmons thanked the citizens who show up regularly and also the staff exercising their citizens' rights. Assembly member LeDoux thanked the manager for his leadership during the flooding. He said that the Community requires leadership and appreciated what the Borough did over the weekend. He also talked about writing a letter to our Senators to not forget Kodiak when they start to allocate disaster funds. He also appreciated people who took time to slow done during school zone. Assembly member Skinner announced that there would be a joint work session with the City Council on September 131h and she encouraged the public to speak about ADUs. Assembly member Van Daele appreciated the public speaking in regards to the flooding and also expressed his sympathy to the affected citizens. ADJOURNMENT Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 7 of 8 TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:28 p.m. KODIAK ISLAND BOROUGH W�� ATTEST: Daniel A. Rohrer, Mayor M. Javier, MMC, BoroLgh Clerk Approved on: December 21, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes September 7, 2017 Page 8 of 8