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1991-05-16 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 16, 1991 A regular meeting of the Kodiak Island Borough Assembly was held May 16, 1991, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. The invocation was given by the Reverend Mark Houglum of St. Paul Lutheran Church followed by the Pledge of Allegiance. There were present: Jack McFarland, Betty Fitzjearl Suzanne Hancock Mary Monroe comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Donna F. Smith, Deputy Clerk APPROVAL OF AGENDA FITZJEARL, seconded by MILLIGAN VOTE ON MOTION TO AMEND MOTION CARRIED STEVENS, seconded by MONROE GOULD, seconded by MONROE VOTE ON MOTION MOTION CARRIED Regular Assembly Meeting May 16, 1991 Presiding Gordon Gould Mike Milligan Gary Stevens moved to amend agenda by adding Resolution No. 91 -23 to "New Business Resolutions ". Unanimous Voice Vote moved to approve agenda as amended. VOTE ON MOTION AS AMENDED MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of April d 1991 Unanimous Voice Vote moved to approve minutes of April 4, 1991. Unanimous Voice Vote KIBS104356 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XIV Page 112 AWARDS AND PRESENTATION A. Student of the Month Mayor Jerome Selby presented the Student of the Month award to Laura Lytle, a junior at Kodiak High School. B. Certificate of Appreciation Mayor Selby presented a Certificate of Appreciation to Garry Ervin, owner of McDonalds of Kodiak, for his participation in National County and Borough Government Week. The Mayor also thanked Wodlinger Drug and Photo, Sutliff's True Value Hardware, Subway of Kodiak, Puttin' Around, and Tropic Lanes for their participation. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Karen Kino, Executive Director of Kodiak Housing Authority, recited background on the Housing Authority. She encouraged support of Resolution No. 91 -22 because it targeted twenty units for elderly low -cost housing needed for the community. Pat Branson, Director of the Kodiak Senior Center, reported the Senior Center Board had approved and supported Resolution No. 91 -22 at a recent meeting. She said the housing unit would be beneficial to seniors because units were two bedroom, which allowed caregivers to live with the seniors and all of the units were handicapped accessible. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Jon Hartt, Planning & Zoning Commission representative, was available to answer questions from the Assembly. the Kodiak College Assemblymember Hancock attended t,aac Kodiak >• ..•++ +erg° Board meeting and thanked the Chamber of Commerce and the Assembly for supporting the College's budget. She announced that the University at Anchorage was holding spots open for nursing students. Assemblymember Monroe reported that the Mental Health Advisory Board had met and discussed the budget. Regular Assembly Meeting May 16. 1991 KIBS104357 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH CERTIFICATE OF APPRECIATION CITIZENS' COMMENTS COMMITTEE REPORTS Volume XIV Page 113 PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies had been made available to the public. A. Ordinance No. 91 -03 Adopting a Severance Tax ORDINANCE Upon Natural Resource Extraction. NO. 91 -03 Presented for public hearing was Ordinance No. 91 -03 which, if adopted, would levy a tax on the business of extracting minerals, fish, rock, sand, gravel, and timber in the amount of the mill levy. This ordinance received first reading on April 18, 1991 and public hearing on May 2, 1991, at which time it was postponed for a second reading. The motion to adopt was on the floor. GOULD, seconded by STEVENS Assemblymembers discussed the substituted version with Mayor Selby. Mayor Selby explained the substitutions were mostly technical, requested by various industry groups, and reviewed by the Borough's attorney and auditors. VOTE ON MOTION TO AMEND Ayes: moved to amend Ordinance No. 91 -03 by substitution. Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland Noes: None MOTION CARRIED Unanimous The Presiding Officer called for public hearing. John Sturgeon, President of Koncor Forest Products Company, thanked the Mayor and Assessor for their work in attempting to make the severance tax bill as fair and equitable as possible. He felt some areas needed rlarif4' t4 cn and - -- ..won and requested more time to review. Linda Kozak, Kodiak Longliners Vessel Owners representative, expressed opposition to the proposed ordinance. She recommended a borough -wide sales tax. Regular Assembly Meeting May 16, 1991 K1BS104358 Volume XIV Page 114 Paul Finzer, expressed concern about collection of the tax. He felt a borough -wide sales tax would be a better solution since it would include a larger number of contributors. Joachim Becker requested more time to review the revised ordinance. He disagreed with the statement that extractors of the resources do not pay any taxes on severance activities and pointed out that fishermen pay two percent tax to enhancement. Mr. Becker opposed the required paperwork involved with submitting the tax. Leroy Cossette, small business fisherman, was opposed to the tax and felt it should be extended to all small businesses, not aimed at fishermen who, in his opinion, were overtaxed. Robbi Schiedler, Controller for Afognak Native Corporation, reviewed points previously presented at a public hearing. She felt there were inequities on the timber industry because of the large sum paid in personal property taxes on the heavy equipment required for this industry. The corporation would like to see a credit on their personal property tax. She expressed concern about the potential for triple taxation. The corporation reluctantly supported the compromise concerning the actual product taxed. She appreciated the option to submit audited reports prepared by independent auditors outside the Borough. Andy Anderson spoke about the timber industry on Afognak, and its importance to Kodiak. He felt more taxes would jeopardize the businesses of the community. He agreed to the need for additional taxes but not without first conducting a thorough evaluation. The Presiding Officer closed the public hearing. Assemblymember Fitzjearl read letters from Mayor Christensen of Larsen Bay, who stated his opposition, and the Ouzinkie Native Corporation, who supported the ordinance in general. h t _ i _ a.i..pt cenerai discussion ensued oli postponing .,,,c ,,...,.L... �,... ^. of the ordinance to a later date. Most assemblymembers opposed postponement because the ordinance could be amended if necessary. Points were made that this ordinance would alleviate the strain on property tax by broadening the tax base. It was mentioned that the school district budget was the largest item in the FY 92 budget. Regular Assembly Meeting May 16, 1991 KIBS104359 Volume XIV Page 115 Assemblymember Fitzjearl read a letter from Ward's Cove Packing Company which stated their concerns regarding the proposed ordinance. FITZJEARL, seconded by MILLIGAN Ayes: Regular Assembly Meeting May 16, 1991 KIBS104360 moved to postpone Ordinance No. 91 -03 to June 6, 1991. VOTE ON MOTION TO POSTPONE Ayes: Fitzjearl Noes: Gould, Hancock, Milligan, Monroe, Stevens, McFarland MOTION FAILED 1 Aye, 6 Noes VOTE ON MOTION TO ADOPT AS AMENDED Gould, Hancock, Milligan, Monroe, Stevens, McFarland Noes: Fitzjearl MOTION CARRIED 6 Ayes, 1 No B. Ordinance No. 91 -04 Amending KIBC 4.15.040 ORDINANCE Vacancies (Service Area Board of NO. 91 -04 Supervisors). Presented in second reading for public hearing was Ordinance No. 91 -04 which would amend the procedures for filling vacant seats on service area boards and repeal Section 4.15.090(3) which required the filing of Conflict of Interest Statements by board members. This ordinance had first reading on May 16, 1991. MONROE, moved to adopt seconded by FITZJEARL Ordinance No. 91 -04. The,Presiding Officer called for public hearing. Seeing and hear nons, he cfossl -the pubi.e hearing, FITZJEARL moved to amend seconded by GOULD Ordinance No. 91 -04 by substitution_ VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote AMENDED ob /ao /9/ Volume XIV Page 116 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous C. Ordinance No. 91 -05 Amending KIBC ORDINANCE 15.04.020, Building Codes. NO. 91 -05 Presented in second reading for public hearing was Ordinance No. 91 -05 which would delete the sentence from KIBC 15.04.020 that required the Clerk's office to keep copies of technical regulations regarding building codes. This ordinance received first reading on May 16, 1991. GOULD, moved to adopt seconded by FITZJEARL Ordinance No. 91 -05. VOTE ON MOTION Ayes: Noes: None Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland MOTION CARRIED Unanimous Since the ordinance was adopted and a period not provided for public hearing, the Assembly decided to reconsider the motion. FITZJEARL, moved to reconsider seconded by GOULD Ordinance No. 91 -05 The Presiding Officer called for public hearing. Seeing and hearing none, he reconvened the meeting. Regular Assembly Meeting May 16, 1991 KIBS104361 Volume XIV Page 117 VOTE ON MOTION TO RECONSIDER Ayes: None Noes: Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland MOTION FAILED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby explained that much time had been spent on issues such as Individual Fishing Quotas and Inshore - Offshore, which were to be discussed at the June meeting of the Pacific Fisheries Management Council. According to the Borough lobbyist, the pollock release in June had not been totally resolved, and Mayor Selby urged the community to express concern over the economic impact this would have on Kodiak. The Mayor touched on the state budget. OLD BUSINESS Presiding Officer McFarland recessed the regular meeting and reconvened the Board of Adjustment. Assemblymember Gould excused himself from the dias as he did not sit on the Board of Adjustment in the following case. A. Board of Adjustment - Findings of Fact BOARD OF ADJUSTMENT An appeal by James A. Crane and Logan Porter -Crane of the Planning and Zoning Commission's denial of a request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the continued use of a second, non - permitted single - family dwelling unit on a lot in the RR- 1- -Rural Residential Zoning District located on Lot 3, Block 3, Island Vista Subdivision, 2105 Harbor Way. (Applicant: James A. Crane and Logan Porter - Crane) FITZJEARL, seconded by cmgynNc Regular Assembly Meeting May 16. 1991 moved to adopt the findings Of fact. As part of her motion, Assemblymember Fitzjearl read the findings of fact as follows: "Granting an appeal by James A. Crane and Logan Porter -Crane of the Planning and Zoning Commission's denial of a request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the continued use HIBS104362 OLD BUSINESS Volume XIV Page 118 of a second, non - permitted single - family dwelling located on Lot 3, Block 3, Island Vista Subdivision, 2105 Harbor Way. The Kodiak island Borough Code allows the Assembly, sitting as the Board of Adjustment, to either affirm or reverse a decision of the Planning and Zoning Commission in whole or in part. Kodiak Island Borough Code also allows the Board of Adjustment to make its own finds on factual issues based on the evidence in the record. The Kodiak Island Borough Code also makes provisions for the establishment of conditions under which an exception may be granted (KIBC 17.65.060). In addition, the Code states that if after consideration of the investigator's report and receipt of testimony at the public hearing, that the use as proposed in the application, or under appropriate conditions or restrictions, will not endanger the public's health, safety, or general welfare or be inconsistent with the general purposes and intent of this title and not adversely impact other properties or uses in the neighborhood, the exception shall be approved (KIBC.65.050). It is, therefore, the findings and conclusions of the Board of Adjustment that the appellants have met the requirements necessary for the granting of conditioned exception. Specifically, the limited use of the cabin, as permitted by granting the exception with conditions, should not endanger the public's health, safety or general welfare. Based on evidence in the record, this structure has been used as a temporary residence since prior to 1980. The structural improvements that have been made to the building appear to have improved both the look and the liveability of the structure. There is no factual basis in the record to indicate that the use of the cabin as a limited dwelling will create any groundwater or surface water pollution in the area or negatively impact the community in any other way. The use of the cabin as a limited dwelling is also not inconsistent with the purposes and intent of Title 17 of the Borough Code, since accessory buildings are permitted as long as they are 'subordinate and customarily incidental to that of the main building...' The primary use of this structure will be as an accessory building, with only occasional use permitted as sleeping quarters, and then only for relatives or guests. In addition, the Regular Assembly Meeting May 16. 1991 KIBS104363 Volume XIV Page 119 exception is limited in use to the existing owners of the property, thereby phasing out what has been a traditional use of the property if and when the property is transferred, bringing the property into conformance with the Code. The public testimony received in the case did not provide any concrete evidence that the proposed use of the cabin will negatively impact other properties or uses in the neighborhood. In fact, as part of the public record, a petition was submitted by the appellant indicating that neighbors in the vicinity of the property supported the grant of a limited exception as requested by the appellants. Other documents included in the record indicated that the property was not contributing to ground or surface water pollution in the area. These are the findings and conclusions supported by the record and the public testimony in this case, and which support the decision of the Board to grant the appellant a limited exception." VOTE ON MOTION TO ADOPT Ayes: Noes: Stevens, Fitzjearl, Hancock, Milligan, Monroe, McFarland No MOTION CARRIED Unanimous Presiding Officer McFarland adjourned the Board of Adjustment and reconvened the regular meeting. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Household Hazardous Waste Collection CONTRACT Contract. MONROE, seconded by FITZJEARL Regular Assembly Meeting May 16, 1991 moved to award household hazardous waste collection contract to Northwest EnviroService Inc. in an amount NTE $20,620. The Presiding Officer asked Mayor Selby to comment. He explained the program was the collecting and shipping of household hazardous waste materials. He answered questions from the Assemblymembers. KIBS104364 Volume XIV Page 120 VOTE ON MOTION TO AWARD Ayes: Noes: None Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 91 -21 Authorizing Submission RESOLUTION of Application for a Community Development NO. 91 -21 Block Gant (CDBG) Under the DCRA /Rural Development Fund Program (Elleneff Trading Co.) Presented for consideration was Resolution No. 91 -21 which supported a local business's application to participate in the CDBG Lender Participation Plan. FITZJEARL, moved to adopt seconded by MILLIGAN Resolution No. 91 -21. Mayor Selby detailed the intent of the program which allowed local businesses to participate in the Department of Community and Regional Affairs loan program. Assemblymember Hancock asked that presentations from the applicants were given at the meetings. Assemblymember Monroe pointed out that the program would not financially obligate the Borough. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 2. Resolution No. 91 -22 Entering Into a Cooperation Agreement with the Kodiak Island Housing Authority. Presented to the Assembly was Resolution No. 91 -22, which was requested by the Kodiak Island Housing Authority to permit submission of a development application to the US Department of HUD requesting funds to provide low- income rental housing for the elderly. STEVENS, moved to adopt seconded by MONROE Resolution No. 91 -22 Regular Assembly Meeting May 16. 1991 KIBS104365 RESOLUTION NO. 91 -22 Volume XIV Page 121 In responding to a request for a staff report, Mayor Selby reiterated statements made by the directors of the Kodiak Housing Authority and the Senior Center. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote 3. Resolution No. 91 -23 Approving Application for Preliminary Loan for Low -Rent Public Housing. Presented for consideration was Resolution No. 91 -23, which was required if Resolution No. 91 -22 was adopted. It specifically orientated a pre -loan of S62,496 for surveys and planning in connection with the development of the senior housing project. GOULD, moved to adopt seconded by STEVENS Resolution No. 91 -23. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 91 -06 Amending the Personnel Rules and Regulations by Adding, Deleting, and Updating Various Position Descriptions and Schedule II, Class Titles and Pay Ranges. Presented in first reading was Ordinance No. 91 -06 which would add four position descriptions and delete two position descriptions, revise descriptions for three positions, and change pay range for three positions in the Personnel Rules and Regulations. GOULD, seconded by MONROE VOTE ON MOTION moved to advance Ordinance No. 91 -06 to public hearing on June 6, 1991. MOTION CARRIED Unanimous voice vents= 2. Ordinance No. 91 -07 Amending KIBC 8.20.065, Solid Waste Collection and Disposal Foreclosure for Nonpayment. Regular Assembly Meeting May 16, 1991 RESOLUTION NO. 91 -23 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -06 ORDINANCE NO. 91 -07 KIBS104366 Volume XIV Page 122 Presented in first reading was Ordinance No. 91 -07, which would add to the Borough Code the collection procedures on overdue garbage accounts. GOULD, seconded by STEVENS VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 3. Ordinance No. 91 -08 Levying Taxes on All ORDINANCE Taxable Real and Personal Property Within NO. 91 -08 the Borough for the Expenses and Liabilities of the Borough for the Fiscal Year Commencing on the First Day of July 1991 and Ending on the Thirtieth Day of June 1992. Presented in first reading was Ordinance No. 91 -08 which would appropriate the funds for the expenses and liabilities of the Borough for the fiscal year 1991/92. GOULD, seconded by STEVENS Assemblymember Gould opted to amend the ordinance by recommending a decrease in general revenues by $400,000 in the operating budget and keep the mill rate the same. He listed numerous cuts to the departmental budgets. Presiding Officer McFarland suggested Assemblymember Gould make an amendment so it could be discussed. GOULD, seconded by HANCOCK moved to advance Ordinance No. 91 -07 to public hearing on June 20, 1991. moved to advance Ordinance No. 91 -08 to public hearing on June 6, 1991. moved to amend Ordinance No. 91 -08 decreasing total general revenues and expenditures by $400,000 and reduce the mill rate to 4.5. Ynnncar' 11PP.YP,"1CPC p —., Assemblymember Gould clarified the he had suggested were to send a clear message to administration to cut and hold the line on property tax in view of the passage of the severance tax. Regular Assembly Meeting May 16, 1991 KIBS104367 Volume XIV Page 123 Regular Assembly Meeting May 16, 1991 FITZJEARL, moved to amend the seconded by MONROE amendment by eliminating the 3.5% employees COLA increase. Assemblymember Hancock agreed that it was the proper time to begin discussion and chose to vote in favor of the amendment. Mayor Selby had no objection to the $400,000 cut but felt it was inappropriate for them to introduce a reduction without discussing the resulting impact. He also pointed out that a $400,000 cut would not reduce the mill levy to 4.5 but to 5.1. Assemblymember Stevens saw nothing wrong with the proposed $400,000 cut but preferred to ask the Mayor for recommendations on what areas to cut. Assemblymember Gould explained that his proposal was only a recommendation, but he felt those were areas he would look to in terms of cuts. He felt this would be a basis for the administration to build arguments on why particular positions were absolutely necessary. He again pointed out that the motion stated he wanted a $400,000 cut and the mill levy to be reduced to 4.5. Assemblymember Hancock requested that the position of Personnel Director not be filled until a decision on the budget had been made. Mayor Selby said he would continue to accept applications but would not conceivably be prepared to hire anyone before June 6th. Assemblymembers discussed Assemblymember Gould's recommended cuts to the budget. Assemblymember Stevens pointed out that since Assemblymember Gould's amendment was a $400,000 reduction without any specifics, he felt the COLA should not be included. After more discussion, Assemblymember Monroe withdrew her second. MOTION TO AMEND DIED Lack of second. KIBS104368 Volume XIV Page 124 FITZJEARL, seconded by MILLIGAN VOTE ON MOTION TO AMEND AMENDMENT Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO AMEND Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: Regular Assembly Meeting May 16, 1991 KIBS104369 moved to amend the amendment by increasing the $400,000 reduction in an amount to equal the 3.5% COLA. Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Ayes: Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Kodiak High School Alteration Project Phase KODIAK HIGH I Construction Documents. SCHOOL Presented for consideration was the approval of construction documents as prepared by Kumin Associates, _t__ r__ a and rev a approved by t M�.i rlVVlG l.C6, llllw• Ol1U reviewed and approved by Architectural Review Board and the Kodiak Island Borough School Board. Volume XIV Page 125 The Presiding Officer asked the Mayor to comment. Mayor Selby reported that it was hoped to have most of the construction done during the summer months. VOTE ON MOTION Ayes: Noes: MOTION CARRIED A. B. STEVENS, seconded by MONROE REPORTS None. CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Regular Assembly Meeting May 16. 1991 moved to approve Kodiak High School Alteration Project Phase I Final Construction Documents. Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland None Unanimous INFORMATIONAL MATERIALS (No action required) MINUTES OF OTHER MEETINGS 1. Planning & Zoning Commission meetings of December 19, 1990, January 16, February 20, and March 20, 1991. 2. Kodiak Island Hospital Advisory Board meeting of April 24, 1991. 3. Mental Health Center Advisory Board meetings of February 25 and April 15, 1991. 1. Community Development Department February and March 1991 Status Reports. 2. KIB Financial Report for April 1991. C. OTHER Paul Finzer asked that all natural rocniirno included in the severance tax. „0 ere Assemblymember Gould thanked those who spoke at the public hearing for expressing their opinions. KIBS104370 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Volume XIV Page 126 Assemblymember Fitzjearl asked to have the total number of employees per department listed in the budget ordinance in order for it to be available to the public. She discussed non - areawide powers with the Mayor. Assemblymembers invited the public to the work sessions on the budget and thanked those who participated in the drafting of the severance tax ordinance. Assemblymember Milligan thanked the Coast Guard and Corps of Engineers for removing a vessel from Womens Bay. Presiding Officer McFarland announced the Assembly would meet in work session on Tuesday, May 21; a special meeting on Thursday, May 23, followed by a work session; and work sessions on Thursday, May 30 and June 4. The next regular Assembly meeting would be Thursday, June 6 at 7:30 p.m. in the Assembly Chambers. FITZJEARL, seconded by MONROE ATTEST: BO=3lerk Regular Assembly Meeting May 16, 1991 moved to go into executive session to discuss possible litigation. After Assemblymembers discussed whether an executive session was appropriate, Assemblymember Fitzjearl withdrew her motion. MOTION WITHDRAWN Second concurred. Assemblymember Fitzjearl stated that when a letter of complaint was received from a constituent, communication with the complainant should begin immediately. There being no further business to come before the Assembly, the meeting adjourned at 10:20 p.m. Pres aing Off KIBS104371 Volume XIV Page 127