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02/07/2019 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting February 7, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on February 7, 2019, 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. Assembly member Dennis Symmons led the Pledge of Allegiance. Present were Assembly members Scott Arndt, Julie Kavanaugh, Andrew Schroeder, Scott Smiley, Dennis Symmons, and James Turner. Also present were Administrative Official Dave Conrad, Borough Clerk Nova Javier, and Deputy Clerk Alise Rice. KAVANAUGH moved to excuse Mayor Dan Rohrer and Assembly member Rebecca Skinner who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA SMILEY moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS The following spoke under citizens comments: • Clerk Javier read a letter from Jeff Sanford, President of the Pasagshak Bridge Association regarding Tsunami Sirens. • Debra Nielsen spoke on the current dumpsters located at Bayside Fire Hall and the impacts of those to her property. • Maryland McFarland and Claudia Anderson spoke on Tsunami Sirens for Pasagshak Community. • Jonathan Strong gave an update on the Kodiak Area Mentoring Program (KAMP) activities. • Jeff Stewart commented about the easements in the Chiniak Burn Area. AWARDS AND PRESENTATIONS Chief Howard Rue from the Bayside Fire Department gave a presentation to the Assembly regarding the activities of the department. None. Kodiak Island Borough Assembly Regular Meeting Minutes February 7, 2019 Page 1 of 6 PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Conrad reported on impending position vacancies. He also commented that the tsunami siren in Three Sisters are functioning again. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2019-19 Banking Services for the Kodiak Island Borough ARDNT moved to authorize the manager to execute Contract No. FY2019-19 with Wells Fargo Bank, N.A. for the banking services for the Kodiak Island Borough. On November 27, 2018, the Borough issued a request for proposals for banking services (RFP attached). Three proposals were received by the deadline date of January 18, 2019 and all contained the required information. The proposals were evaluated by five staff members; two from the Borough and three from the School District. The result of the analysis were provided to the Assembly as a confidential document in accordance with Kodiak Island Borough Code 3.16.110D. 3.16.110 Competitive sealed proposals - negotiated procurement. D. Proposals shall be received at the time and place designated in the request for proposals and shall be opened so as to avoid disclosing their contents to the competing proponents during the process of negotiation Proposals and tabulations thereof shall be open to public inspection only after the contract is awarded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Kavanaugh, Schroeder, Smiley, Symmons, and Turner. Resolutions None. Ordinances for Introduction 1. 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). Kodiak Island Borough Assembly Regular Meeting Minutes February 7, 2019 Page 2 of 6 ARDNT moved to advance Ordinance No. FY2018-07 to public hearing at the March 7 regular meeting of the Assembly. This ordinance failed following a public hearing on May 3, 2018. At the June 7, 2018 Regular Meeting the item was reintroduced and advanced to public hearing at the July 19, 2018 Regular Meeting. The ordinance failed following the July 19, 2018 public hearing. On December 5, 2018 the City of Larsen Bay submitted to the Borough a letter in support of this rezone. On January 4, 2019, the Borough Clerk's office received a request for reintroduction from the property owner. Both the letter from the City and the email from the property owner are included in the packet. An updated ordinance is included in the packet, with only minor administrative changes addressing updated dates. 93 public Hearing Notices were mailed out on June 8, 2018. Notifications were sent to the City of Larsen Bay, other Cities/Villages, and to the Rural Leadership Forum. Clerk's historical note: Votes on 05/03/2018Ayes: Kavanaugh, Schroeder, and Smiley No: Crow (It takes a majority vote of the authorized members for a motion to carry (four members). Since this ordinance has not failed two times in a row, the Assembly requested that it be reintroduced on May 17, 2018. KIBC 2.30.070 (0) states "the same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so." Notifications regarding the reintroduction of this ordinance sent by mail and email to Mr. Munson. Mail, Email, and phone call notifications sent to Larsen Bay Clerk. Response received that notification will be forwarded to council members. Notifications were also sent to other cities and villages and to the Kodiak Rural Leadership Forum. ORIGINAL AGENDA STATEMENT 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. Kodiak Island Borough Assembly Regular Meeting Minutes February 7, 2019 Page 3 of 6 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kavanaugh, Schroeder, Smiley, Symmons, Turner, and Arndt. 2. Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). ARDNT moved to advance Ordinance No. FY2019-03 to public hearing at the March 7 regular meeting of the assembly. This ordinance was introduced on July 5, 2018, where it was advanced to public hearing at the July 19, 2018 Regular Meeting. Following the public hearing, the ordinance failed in a 3-2 vote. On October 17, 2018 the Borough Clerk's office received a petition in support of this rezone signed by 34 property owners and residents of Larsen Bay. On December 5, 2018 the City of Larsen Bay submitted to the Borough a letter in support of this rezone. On January 4, 2019 the Borough Clerk's office received a request for reintroduction from the property owner. This correspondence is included in the updated packet for this agenda item. An updated ordinance is also included, with edits highlighted. 90 Public hearing notices were sent out on July 6, 2018. Email Notices regarding this item were also sent out to the Cities/Villages and the Rural Leadership Forum. This rezone request corresponds with the preceding Comprehensive Plan amendment request (Ordinance No. FY2019-02) and the discussion and analysis of that case applies to this rezone request. At the April 19, 2017 P&Z Regular Meeting, the Commission postponed the rezone request to the June 21, 2017 Regular Meeting. The Commission also directed staff to provide public hearing notices to all property owners within the City of Larsen Bay. The increased notice was to solicit additional input prior to the Commission rendering a decision on the requests. The resultant additional public comment (all opposing approval of the request) was provided in the June 21, 2017 Regular Meeting information packet (included in this packet). At that meeting, the Commission unanimously voted to divide the question by separating Lot 1A (the parcel developed with a longstanding lodge) from Lots 2, 3, and 4 (parcels intended for lodge expansion). The Commission then unanimously voted to recommend that the Kodiak Island Borough Assembly approve the rezone for Lot 1A. Following that vote, the Commission unanimously voted to postpone the request as it applied to Lots 2, 3, and 4 to the April 2018 Regular Meeting. The postponements were intended to accommodate the most current community input by allowing staff to coordinate with the City of Larsen Bay to facilitate an update of the Larsen Bay Annex to the 2008 Comprehensive Plan. It is important to note that the Borough Assembly postponed their final decision on the rezone for Lot 1A to their May 03, 2018 Regular Meeting for that same reason. At the April 11, 2018 Work Session, staff recommended that the Commission postpone the request to the May 16, 2018 Regular Meeting. The postponement was recommended due to public hearing notices not being mailed to all property owners within the City of Larsen Bay (as previously directed by the Commission). Because the April 18, 2018 Regular Meeting was Kodiak Island Borough Assembly Regular Meeting Minutes February 7, 2019 Page 4 of 6 cancelled due to a lack of quorum, the request was automatically postponed to the May 16, 2018 Regular Meeting (as was recommended by staff). Public hearing notices for that meeting were mailed to all property owners within the City of Larsen Bay. After the public hearing on May 16, 2018, P&Z voted 5-0 to forward the rezone request to the Assembly with a recommendation for approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Schroeder, Smiley, Symmons, Turner, Arndt, and Kavanaugh. 3. Ordinance No. FY2019-16 Amending Chapter 3.60 Motor Vehicle Registration Tax Section 3.60.020 Allocation. ARNDT moved to advance Ordinance No. FY2019-16 to public hearing at the March 21 regular meeting of the Assembly. This Ordinance was sponsored by Assembly member Arndt. The purpose of this ordinance change is to avoid confusion when it comes to passing the school district budget at the public meeting. The funding derived will be allocated to school general obligation bond debt payments as opposed to allocating it to the area wide school system. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, and Schroeder. Other Items 1. Confirmation of Assembly Appointment to the Bayview Road Service Area Board (Jim Schauff and Fred Roberts). ARDNT moved to confirm the Assembly appointments of Mr. Jim Schauff and Mr. Fred Roberts on the Bayview Road Service Area Board for terms to expire October 2021. Both Mr. Jim Schauff and Mr. Fred Roberts have served on the Bayview Service Area Board since the 1990's and wish to be reappointed to the Board. The applicants are qualified to be appointed since they are qualified to vote within the borough and are also residents of the service area. Service area board chair Reed Oswalt noted that the applicants were recommended for appointment by the Board. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Turner, Arndt, Kavanaugh, Schroeder, and Smiley. 2. Confirmation of Assembly Appointment to the Service Area No. 1 Board (Mr. Curtis Howell). ARNDT moved to confirm the Assembly appointment of Mr. Curtis Howell to the Service Area No. 1 Board for a term to expire October 2020. Kodiak Island Borough Assembly Regular Meeting Minutes February 7, 2019 Page 5 of 6 There were two applications received. Mr. Mahoney's application was received on November 5 and Mr. Howell's application on December 14. The Service Area No. 1 Board met on Tuesday, January 9 and recommended the appointment of Mr. Curtis Howell for the vacant seat. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. 4.15.040 Vacancies. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Schroeder, Smiley, and Symmons. CITIZENS' COMMENTS The following spoke under citizens comments: • Debra Nielsen and Jeff Stewart spoke on the relocation of Bay View dumpsters. ASSEMBLY MEMBERS'COMMENTS Assembly member Schroeder gave an update regarding the last meeting of the Solid Waste Advisory Board. He also noted that he attended the Kodiak Summit regarding the Opioid epidemic and spoke about grant funding available. He also spoke the 17B easements. Assembly member Kavanaugh gave a report regarding the last meeting of the Kodiak Rodeo and State Fair Board and commented regarding the dumpster at Bayside. Assembly member Symmons thanked everyone who were in attendance at the meeting. ADJOURNMENT ARDNT moved to adjourn meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:55 p.m. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Javier, MMC, Borough Clerk Approved on: March 7, 2019 Kodiak Island Borough February 7, 2019 Assembly Regular Meeting Minutes Page 6 of 6