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2022-03-03 Regular Meetingr L KODIAK ISLAND BOROUGH Assembly Regular Meeting March 3, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on March 3, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Presiding Officer (PO) Arndt led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Scott Smiley, and James Turner. Also present were Borough Manager Roxanne Murphy, Acting Borough Clerk Lina Cruz, and Assistant Clerk Mitchell Davidson TURNER moved to excuse Assembly members Smith who was absent due to personal leave and Assembly Member Williams who was attending the Southwest Alaska Municipal Conference. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA TURNER moved to approve the agenda. VOICE VOTE ON THE MOTION CARRIED. 6. APPROVAL OF MINUTES None. 7. CITIZENS' COMMENTS • Mike Milligan 8. AWARDS AND PRESENTATIONS None. Kodiak Island Borough March 3, 2022 Assembly Regular Meeting Minutes Page 1 of 9 R1 10 COMMITTEE REPORTS None. PUBLIC HEARING A. New Liquor License Application Double Shovel Cider, LLC, License Number 6007. TURNER moved to voice non -protest to the State of Alaska Alcoholic Beverage Control Board request for a new liquor license application, Double Shovel Cider, LLC, license number 6007. On January 7, 2022, the Kodiak Island Borough Clerk's Office received notification regarding the attached license application for a new winery manufacture liquor license for Double Shovel Cider, LLC. To protest the approval of this application(s), pursuant to 3 AAC 306.060, KIB must furnish the AMCO director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of the notice (by March 7, 2022) and provide AMCO proof of service of the protest upon the applicant. To summarize, the Clerk's Office followed KIBC 5.01.030 and checked with the borough department directors including the building official and Fire Marshal to determine if there was an interest which can be protested with the approval of the said license issuance, none were reported. The forms distributed to the departments are included in this packet. Notice of public hearing was advertised in the newspaper on February 25, 2022. Public hearing notices were mailed out on February 9, 2022, to those property owners with in the 1,500 radii. One non protest letter was received from property owners. Presiding Official Arndt closed the regular meeting and opened the public hearing. The following spoke during the public hearing: • Gideon Saunders • George Hartman Presiding Official Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Turner, and Arndt. B. Ordinance No. FY2022-09 Amending The Kodiak Island Borough Personnel Rules And Regulations. Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2022 Page 2 of 9 F1_ D r L TURNER moved to postpone the public hearing of Ordinance No. FY2022-09 to the regular meeting of the Assembly on May 5, 2022. The Kodiak Island Borough Personnel Rules and Regulations, commonly referred to as the Personnel Manual, is governed by Kodiak Island Borough Code 2.015 and must be amended via ordinance. The Personnel Rules and Regulations were completely rewritten and adopted in 1994. Regular amendments were made to the document through the late 1990's. A dedicated Human Resources position was eliminated via budget reductions in the late 1990's and there have only been a couple of amendments to the document since then. • FY2006-05 adopted the federal rate for per diem • FY2007-07 amended section 203, to clarify language relative to the Personnel Board • FY2014-16 adopted and implemented a new employee classification and compensation plan • FY2016-21 amended the advertisement of position vacancies There have been no updates that reflect changes in the Collective Bargaining Agreement, or clarifications to language and practice in more than 20 years. This amendment provides a comprehensive baseline review, update, and amendment to the Personnel Manual to reflect negotiated changes in the Collective Bargaining Agreement with the IBEW for union employees, the discontinuance of the Personnel Advisory Board via Ordinance No. FY2021-41, and changes to language that clarify or align with current practices and procedures. Staff have identified additional proposed amendments to the Personnel Rules and Regulations; however, some proposed changes will need to be approved by the union membership via the next contract negotiation, and others will require professional consultation. It is the intention of staff to re -instate regular amendments to this document as they occur. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED UNANIMOUSLY: Griffin, Smiley, Turner, Arndt, and Delgado. C. Ordinance No. FY2022-10 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.25 Appropriation And Levy Section 3.25.030 Maximum Allowable Property Tax Revenues, Limiting Restrictions To General Fund Property Tax Revenues TURNER moved to adopt Ordinance No. FY2022-10. Statute section 29.45.100 of the State of Alaska does not allow restrictions on tax revenues for bonded debt. This ordinance removes the tax revenue restrictions not allowed on revenues collected to make bond debt payments from the Maximum Allowable Property Tax Revenue calculation in KIBC 3.25.030. In October of 2018, voters approved an ordinance by initiative which set a maximum allowable tax revenue limit for Borough taxes. Subsequently, the Kodiak Island Borough March 3, 2022 Assembly Regular Meeting Minutes Page 3 of 9 formula was amended in 2021 to clarify that the revenue tax limit only applied to areawide real and personal property taxes. If approved, this will be the second change to the original formula. Unlike the municipality the original formula was modeled after, our borough has a Debt Service fund which is not part of the General Fund. This means we already separate non -restricted tax revenues from restricted tax revenues. Our tax collection mill rate is based on the annual total debt service payments, less anticipated reimbursements and any excess/shortages that may occur each year are contained in the Debt Service fund and are already accounted for when calculating the next year's tax collection mill rate. Staff believes this second change to the formula will allow the formula to focus on limiting the tax revenues that can be limited, thereby preserving the intent of the original voter initiative. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Arndt, Delgado, and Griffin. D. Ordinance No. FY2022-11 Determining The Disposition Of Tax Year 2019 Foreclosed Properties KIB/Pearson, James S, KI B/Reames, Dale, KIB/Nies,iona F, and KIB/Ings Sr, Martin, And Establishing Intention To Surplus And Sell Said Properties By Finding That A Public Need Does Not Exist For The Properties And Authorizing The Properties For Immediate Disposal. TURNER moved to adopt Ordinance No. FY2022-11 version 2. 02-24-22 Version 2 During the meeting on 02-24-22, it was recommended to remove the word 'immediate' from the ordinance. ORIGINAL These properties were acquired by the Borough on September 13, 2021, through the 2019 foreclosure process. The acquisition of these properties followed both the Borough codes and State of Alaska statutes regarding the foreclosure process. This ordinance establishes the Borough's findings by Planning and Zoning Resolution No. FY2022-01, a 'public need' does not exist and classifies them as surplus. These properties could be made available for sale by the assembly at a later date. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, and Smiley. 11. BOROUGH MANAGER'S REPORT The Borough Manager reported on the following: • Easing masking mandates in Borough facilities • Progress on a potential Borough employee salary study Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2022 Page 4 of 9 L • Seeking contracted HR for the Borough 12. MESSAGES FROM THE BOROUGH MAYOR Presiding Assembly member Arndt reported on the following: • Legislative testimony on the upcoming state budget • Potential for an interim Borough Clerk 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS Contract No. FY2022-33 Main Elementary Roof Replacement. TURNER moved to award Contract No. FY2022-33 to Friend Contractors LLC in an amount not to exceed $620,088.00. This contract is for replacement of the roof at Main Elementary School. The roof was installed in 1992 and has begun to show signs of wear. During summer 2021 the Kodiak Island Borough School District cleaned a buildup of moss off the roof which exposed deterioration of the existing wood shakes and other roofing materials. Design for this project was completed by Jensen Yorba Wall and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on February 8, 2022. Bids were due and opened on March 1, 2022. One bid was received, from Friend Contractors LLC. After review of the bid documents staff has determined that the bid from Friend Contractors is responsive and responsible. The invitation to bid included the base bid for replacement of roofing, an alternate to substitute high build shingles for regular architectural shingles to more closely match the look of the existing shakes, and an alternate to install fall protection anchors for future roof maintenance. Staff is recommending award of the base bid and both alternates. The work is scheduled to be completed by October 14, 2022. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, and Turner. 14.B. RESOLUTIONS Resolution No. FY2022-22 Accepting A State of Alaska ARPA Local Government Lost Revenue Relief Grant. TURNER moved to approve Resolution No. FY2022-22 Accepting A State of Alaska ARPA Local Government Lost Revenue Relief Grant. Kodiak Island Borough Resolution No. FY2022-18 authorized an application to the State of Alaska for Local Government Lost Revenue Relief Program funds. The Kodiak Island Borough received notice of a $1,925,939.01 award from this Kodiak Island Borough March 3, 2022 Assembly Regular Meeting Minutes Page 5 of 9 program. Funds must be used in accordance with federal guidance which includes the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency; a calculation of the reduction in revenue experienced by the Kodiak Island Borough was submitted with the application and matches the amount of the award. 0 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Turner, and Arndt. 2. Resolution No. FY2022-23 Of The Kodiak Island Borough Assembly Authorizing A Memorandum Of Agreement Between The Kodiak Island Borough And The Kodiak Island Borough School District Regarding The Funding And Construction Of Improvements Of Main Elementary School Roof And Other School Facilities. TURNER moved to approve Resolution No. FY2022-23 authorizing a memorandum of agreement between the Kodiak island Borough (KIB) and the Kodiak Island Borough School District (KIBSD) regarding the funding and construction of improvements at the Main Elementary School for roof replacement and other school facilities projects. During recent discussions with the KIBSD and KIB staffs, the KIBSD staff has informed the KIB of excess funds that the KIBSD has and identified a number of major maintenance and construction projects. One of the projects, Main Elementary School Roof Replacement was identified as better suited for construction management and execution by the KIB staff. As part of these discussions, the need for an MOA addressing the project the KIBSD would undertake and those by the KIB was discussed and approved in concept. The MOA specifically identifies the need for the roof replacement. Borough staff and our architect have designed and conducted the required meeting with Architectural Review Board. The approved capital project has been advertised for bids with the goal to replace the roof in the summer of 2022. $1,500,000.00 is to be made available by request by the KIB for direct and indirect costs associated with the replacement and repairs of the Main Elementary School Roof. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Turner, Arndt, and Delgado. 14.C. ORDINANCES FOR INTRODUCTION Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. TURNER moved to advance Ordinance No. FY2022-12 to public hearing at the next regular meeting of the Assembly on March 17, 2022. The language "Property used for religious purposes includes the residence of a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization" is language from the 1962 version of the Alaska Statutes. This was amended in 1972 and again in 1985 and 2006. Similarly, the sentence "Property of any religious, educational or charitable organization from which the Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2022 Page 6 of 9 r L organization derives any rentals or profits shall not be exempt" is from the 1962 version of the statutes. The current language in AS 29.45.030(b) provides (significant changes highlighted in bold): "(b) In (a) of this section, "property used exclusively for religious purposes" includes the following property owned by a religious organization: (1) the residence of an educator in a private religious or parochial school or a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization; for purposes of this paragraph, "minister" means an individual who is (A) ordained, commissioned, or licensed as a minister according to standards of the religious organization for its ministers; and (B) employed by the religious organization to carry out a ministry of that religious organization; (2) a structure, its furniture, and its fixtures used solely for public worship, charitable purposes, religious administrative offices, religious education, or a nonprofit hospital; (3) lots required by local ordinance for parking near a structure defined in (2) of this subsection." The difference is relevant for a couple reasons. First, the state law now includes private religious or parochial school teacher housing, which was added in 2006. Second, the criteria to determine a minister is more detailed. For these two items we can still look to state law on the theory that it preempts any inconsistent application of our definition of minister, and mandates exemption of the teacher residence. While we require some of this information (see KIBC 3.35.030(A)((3)(a)(vii), our language is not consistent regarding the school teacher or revenues. It would be cleaner to be parallel with the statutes on this issue. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Arndt, Delgado, and Griffin. 2. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. SMILEY moved to advance Ordinance No. FY2022-13 to public hearing at the next regular meeting of the assembly on March 17, 2022. In 2016 the Assembly passed, via Resolution, an update to the fee schedule for leases to $1200.00. Unfortunately, Ordinance 18.050.101 was not updated, so the Resolution is not really in effect. Amending 18.50.010 through Ordinance FY2022-12 will ensure that lease fees will not be in jeopardy when they are updated by Resolution going forward and lessens the chance this Ordinance of being overlooked by staff and the need for duplicated actions by the assembly. The documents for the 2016 update are included in your package. Kodiak Island Borough March 3, 2022 Assembly Regular Meeting Minutes Page 7 of 9 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, and Smiley. 3. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I -Industrial District To B -Business District (PBZ Case No. 22-009). SMILEY moved to advance Ordinance FY2022-15, the rezone of USS 444 TR A Lot A Mission Road from I -Industrial District to B -Business District, as approved by the Planning and Zoning Commission on February 16, 2022, to the next regular meeting of the Assembly on March 17, 2022. The subject parcel of land USS 444 Tract A Lot A was incorrectly reclassified to -Industrial zoning district on August 2, 1970. The Orthodox Church in America did not request a rezone and was not a party to the rezone request by the Corporation of the Catholic Archbishop of Anchorage for USS 444 Tract A Lot B. This application for rezone coincided with a time that the Orthodox Church in America was going through administrative changes and likely did not have representation in Kodiak to make any objections to the rezone request. The archived documents show that the original rezone request was for USS 444 Tract A Lot B only (Exhibit A), the public hearing notice for the July 2, 1970, meeting of the KIB Assembly also only included USS Tract A Lot B (Exhibit B). The final Ordinance 70-6-0 did not identify Lot B instead the ordinance reads Tract "A" and consequently authorized a rezone of USS 444 Tract A Lots A, B, C, and D to I -Industrial (Exhibit C). Lot D had already been rezoned to I -Industrial on behalf of the Standard Oil Company via Ordinance 65-9. Lot C was rezoned from I -Industrial to PL -Public Lands via Ordinance 83-30-0. The Holy Resurrection Church has had a presence on Kodiak Island since the 1790's and a church building has been standing on this same location since before Alaska Statehood, before the Kodiak Island Borough, and predates any zoning regulations. The original zoning district assigned to this parcel was Public and may not have been the correct assignment in the first place, this again was through no fault to the Church. It would be prudent to assign a zoning district that allows for churches and is in character with the existing zoning in this area. B -Business is the likely choice, out of the three main uses in the area, I -Industrial, B -Business and PL -Public Lands, B -Business is the one that allows churches, and would accommodate the Church's ambition to eliminate its non -conforming status and remain in character with the surrounding land uses. There are also some R3 properties in the area, churches are permitted in R3, but The Holy Resurrection Church building would not conform to R3 requirements and would not be eligible for legal conforming status in the R3 zoning district. Churches are a conditional use in the B -Business district and The Holy Resurrection Church will need a conditional use permit if rezoned to Business. ROLL CALL VOTE ON THE MOTION CARRIED FOUR TO ONE: Arndt, Delgado, Griffin, and Smiley (AYES); Turner (NO). 14.D. OTHER ITEMS Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2022 Page 8 of 9 1 11 1 L Confirmation Of Mayoral Appointments To The Bay View Road Service Area Board, Mr. Fred Roberts And Mr. Sean Rauwolf. TURNER moved to confirm the mayoral appoints to the Bay View Road Service Area Board of Mr_ Fred Roberts and Mr. Sean Rauwolf for terms to expire October 2024. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Turner, Arndt, and Delgado. 15. CITIZENS' COMMENTS • Mike Milligan 1$. ASSEMBLY MEMBER' COMMENTS • Assembly member Delgado thanked staff for their work. He also commented on missing streetlights on Mill Bay Road. • Assembly member Griffin encouraged citizens to comment on the legislative operating budget_ • Assembly member Turner commented on the potential loss of severance task should Halibut fishery determinations be changed by the State. • Assembly member Smiley had no comment. 17. ADJOURNMENT DELGADO moved to adjourn the regular meeting. VOICE VOTE ON THE MOTION CARRIED. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor ` '111001i. av(A Lina Cruz, Acting Borgbgh Clerk Kodiak Island Borough Assembly Regular Meeting Minutes March 3, 2022 Page 9 of 9