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10-05-2017 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting October 5, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on October 5, 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 Kyle Crow, Larry LeDoux, Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. TOWNSEND moved to excuse Assembly member Skinner who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA VAN DAELE moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Scott Arndt spoke on behalf of the Planning and Zoning Commission regarding Resolution No. FY2018-10. Judi Kidder spoke concerning Resolution No. FY2018-10 and suggested zoning part of the parcel for residential use and retaining the use of the Woody Way Field would be a compromise for both sides. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed the Month of October 2017 as Domestic Violence Awareness Month. Accepting the proclamation on behalf of the Kodiak Women's Resource and Crisis Center was Outreach Coordinator Beth Davis. PKICC Director Mary Guilas-Hawver delivered a presentation on behalf of Providence Kodiak Island Counseling Center. COMMITTEE REPORTS Assembly member LeDoux reported on the September 27 meeting of the Kodiak Fisheries Work Group and briefly highlighted some their agenda items going forward. Bayside Fire Chief Rue reminded the public of the upcoming Fire Prevention Week. He encouraged people to check their fire smoke detectors, and ensure that their home address Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 1 of numbers are clearly visible from the street. He invited the public to attend the events at Bayside Fire Station and encouraged those who are interested to become volunteer firefighters. PUBLIC HEARING 1. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). TOWNSEND moved to adopt Ordinance No. FY2018-08. This property was zoned R1 -Residential Zoning District and had sat vacant for several years, but was adjacent to another commercially -zoned property. The applicant had recently purchased the land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B -Business. Because Mill Bay had long been planned as Kodiak's primary commercial corridor and trends in the area had shown a transition toward more commercial property, this change and subsequent rezone seemed consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5-2 in favor of this amendment to the Comprehensive Plan. Mayor Rohrer opened the public hearing. Sandy Pherson spoke in opposition to Ordinance No. FY2018-08. Jason Waggoner spoke in opposition to Ordinance No. FY2018-08. Neal Cooper spoke in opposition to Ordinance No. FY2018-08. Kavik Anderson spoke in opposition to Ordinance No. FY2018-08. Mayor Rohrer closed the public hearing. VAN DALE moved to postpone Ordinance No. FY2018-08 to the next regular meeting of the Assembly and hold a second public hearing. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Crow, Smiley, Symmons, and Van Daele (Ayes); LeDoux and Townsend (Noes). 2. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1 -Single - Family Residential District to B -Business District (P&Z Case No. 17-029). SMILEY moved to adopt Ordinance No. FY2018-09. This property was zoned R1 -Residential Zoning District and had sat vacant for several years, but was adjacent to another commercially zoned property. The applicant had recently purchased this land and applied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B - Business. Since the amendment to the Comprehensive Plan was approved, it was possible to rezone this parcel from residential to commercial zoning. Because Mill Bay Road had long been planned as Kodiak's primary commercial corridor and trends in the area had shown a transition towards more commercial property, this rezone seemed consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission had voted 5-2 in favor of this rezone. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 2 of 6 On September 22, 2017 the clerk's office mailed 26 Public Hearing notices. Six public hearing notices were returned. Mayor Rohrer opened the public hearing. Jason Waggoner spoke in opposition to Ordinance No. FY2018-09. Kavik Anderson spoke in opposition to Ordinance No. FY2018-09. Mayor Rohrer closed the public hearing. VAN DAELE moved to postpone Ordinance No. FY2018-09 to the next regular meeting of the Assembly and hold a second public hearing. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Smiley, Symmons, Van Daele, and Crow (Ayes); LeDoux and Townsend (Noes). BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Long Term plan for the Landfill • Identifying and scheduling future agenda items • Administrative Assistant position advertised • Addressing parking issues and design services for projects at the hospital • Met with City staff • Bayside Fire Department • Audit process • Crossing guards and safety around school sites MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer briefly reported on the following: • The Alaska Travel Industry was actively meeting in town thanks to the efforts of Discover Kodiak • He met with Mayor Branson to discuss joint lobbyists • He complimented the Clerk's office on a well-run election UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. VAN DAELE moved to approve Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. The Kodiak Island Borough had --in conjunction with the Natives of Kodiak and the City of Kodiak (referred to as the "Coalition") --been awarded a total of $600,000 in U.S. EPA funding to Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 3 of 6 identify and begin assessing Brownfield sites within the archipelago. As the administrator of the grant funding, the Borough solicited RFPs using the procurement process outlined in KIBC 3.30.110. Stantec Consulting Services Inc. was selected by the Coalition to provide grant administration and other professional services related to the Brownfield Grant. The contract amount of $571,190 was comprised solely of U.S EPA grant funds. The remaining $28,810 in U.S. EPA grant funds would be used by the Borough to cover administrative costs incurred by Community Development Department staff related to this Brownfield project. This contract had been vetted by legal counsel for both the Borough and Stantec Consulting Services Inc. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Resolutions 1. Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). SMILEY moved to adopt Resolution No. FY2018-10. In August 2016 the Borough Resource Management Officer submitted an Administrative Request for a Title 18 Land Disposal Review by the Planning & Zoning Commission, in response to the Assembly's direction at its August 25, 2016 Work Session to the Community Development Department to stop work on the Killarney Hills Master Plan process. The case (Case No. 17-011) was placed on the October 2017 Regular Meeting agenda. Staffs recommendation was to retain the parcels in question. The case was postponed from October 2016 to February 2017, then from February 2017 to April 2017, then from April 2017 to August 2017 by the Planning & Zoning Commission. Based on staff recommendations, public comments on the importance of the recreational space to the community, and the fact that a master planning process had been started for the parcels, but had not yet been completed, the Commission voted to recommend retention of the parcel (unanimous vote) at their August 2017 Regular Meeting. VAN DAELE moved to amend Resolution No. FY2018-10 to direct staff to initiate the public planning process for Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and include multiple residential and business options and densities while retaining the field itself and have a draft implementation plan ready for discussion at the November 30 work session. VAN DAELE moved to withdraw his amendment. VOICE VOTE ON MOTION TO WITHDRAW MOTION CARRIED UNANIMOUSLY. ROLL CALL VOTE ON MOTION TO AMEND FAILED TWO TO FOUR: Townsend and Van Daele (Ayes); Symmons, Crow, LeDoux, and Smiley (Noes). Ordinances for Introduction None. Other Items 1. Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). 0 Kodiak Island Borough October 5, 2017 Assembly Regular Meeting Minutes Page 4 of 6 VAN DAELE moved to confirm the mayoral appointment of Mr. David Anderson to the Borough Lands Committee ANCSA Representative Seat to expire December 2018. There was a vacancy on the Borough Lands Committee ANCSA Representative seat and an application from Mr. David Anderson was received on September 25, 2017 for this seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Smiley, and Symmons. 2. Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. VAN DAELE moved to confirm the temporary mayoral appointment of Assembly Member Scott Smiley to the Kodiak Fisheries Work Group. On September 19, 2017 the Clerk's office received a letter from Assembly Member Van Daele, asking that another Assembly member assume his seat on the Kodiak Fisheries Work Group. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ZERO: Van Daele, Crow, LeDoux, Symmons, and Townsend. Mr. Smiley did not vote. CITIZENS' COMMENTS Rich Walker spoke concerning Resolution No. FY2018-10 and the possibility of doing a land exchange with the City of Kodiak. Kate Ballenger wanted to know why she was unable to watch the Assembly meeting online that evening, thanked the members of the Assembly and staff for serving the community, and suggested that it would help to minimize discussion at Assembly meetings if some of the issues were fully vetted at work sessions. Juid Kidder thanked Clerk Javier and volunteers for a smooth election and expressed interest in idea of a land swap with the City of Kodiak. Jeff Stewart spoke regarding mental health in the community. ASSEMBLY MEMBERS' COMMENTS Assembly member Townsend thanked those who ran for public office, offered his condolences to those who won, and stated that he looked forward to them serving in his place. Assembly member Symmons hoped to meet with Chiniak again, hoped that rock extraction discussions in some of the rivers and creeks could be brought up in discussion soon, congratulated the newly elected officials, and urged the Assembly to pursued investigations toward consolidation of governments. He thanked Jenny Clay for her years of service to the Borough. Assembly member Crow discussed Assembly process. Assembly member Van Daele thanked voters, election workers, and those who ran for seats. He looked forward to working with the newly elected assembly members. He stated that he L would be working on a resolution to bring forward concerning the Killarney Hills Subdivision. Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 5 of 6 Assembly member LeDoux spoke of a recent community meeting on education that he attended in Port Lions. He stated that he was pleased with the election. He expressed his belief in wisdom of a group and was satisfied with the Assembly process of arriving at vote. He congratulated the volunteer school crossing guards for keeping community safe and voiced appreciation for drivers who slow down for school zones. He thanked the Manager Powers for helping supply gear to equip crossing guards. 0 Assembly member Smiley thought the election went well and was please with the number of candidates. Announcements The Assembly will hold a work session on Thursday, October 12, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, October 19, 2017 at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION 1. Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers. VAN DAELE moved to convene into executive session to discuss Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers, a subject that qualifies for executive session as a matter that the immediate public knowledge of which, would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Smiley, Symmons, Townsend, and Van Daele. VAN DAELE moved to invite the Mayor, Assembly, Borough Manager, and Borough Clerk into executive session. 0 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from Executive Session, Mayor Rohrer reconvened the regular meeting and announced that no action was to be taken as a result of the executive session. ADJOURNMENT TOWNSEND moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:55 p.m. KO D ISLAND BORO H ATT T: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Bor ugh Clerk Approved on: December 21, 2017 Kodiak Island Borough Assembly Regular Meeting Minutes October 5, 2017 Page 6 of 6