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1997-12-04 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 4, 1997 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Pastor Frank Gardner of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding Scott Arndt Tom Abell Robin Heinrichs Bob Johnson absent: Tuck Bonney Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen CMC, Deputy Clerk Assemblymember Tuck asked to be excused. was out on business HEINRICHS, seconded by JOHNSON VOTE ON MOTION TO EXCUSE MOTION CARRIED Regular Assembly Meeting December 4, 1997 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 4, 1997 Bonney was out on vacation and Assemblymember Wayne Stevens and asked to be excused. moved to excuse Assemblymembers Tuck Bonney and Wayne Stevens. Unanimous voice vote REGULAR MEETING ROLL CALL Volume XXIII Page 184 APPROVAL OF AGENDA AND CONSENT AGENDA JOHNSON, seconded by HEINRICHS JOHNSON, seconded by HEINRICHS Mayor Selby said the Department of Community and Regional Affairs required the public hearing. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote Deputy Clerk Nielsen read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. Employee of the Month B. Presentation Regular Assembly Meeting December 4, 1997 moved to approve the agenda and consent agenda. moved to amend the agenda by moving item 12.B.3 Resolution No. 97 -49 to public hearing as item B and renumber resolution items accordingly. Unanimous voice vote Mayor Jerome Selby presented the Employee of the Month Award to Sharon Kennedy, accounting technician /payroll in the Finance Department. Mayor Selby presented the Alaska Municipal League/ Joint Insurance Association Silver Award for Risk Management for Fiscal Year 1997 to Karleton Short, Finance Director. APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH AML AWARD Volume XXIII Page 185 CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. None. COMMITTEE REPORTS Assemblymember Johnson reported that the Kodiak College Board met and selected John Durham as the interim director when director Carol Hagel retired at the end of the year. PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 97 -22 Reverting from a Mayor Plan ORDINANCE of Government to a Manager Plan of Government. NO. 97 -22 Presented for consideration was Ordinance No. 97 -22 that, if adopted, adopted the manager plan of government to establish the position of manager as the chief administrator of the Kodiak Island Borough to execute the laws and ordinances and administer Borough government in accordance with the directions and policies established by the Borough assembly. HEINRICHS, moved to adopt seconded by ABELL Ordinance No. 97 -22. Mayor Selby explained that state statutes required the assembly to adopt the manager form of government within 60 days of the election. Presiding Officer Stevens said this was the first step of transition to the manager form of government. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Regular Assembly Meeting December 4, 1997 CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING Volume XXIII Page 186 VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Heinrichs, Johnson, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous B. Resolution No. 97 -49 Authorizing Participation RESOLUTION in the Community Development Block Grant Program NO. 97 -49 on Behalf of the Karluk Tribal Council for a Community Health Clinic. Presented for consideration was Resolution No. 97 -49 that, if adopted, authorized the mayor to negotiate and execute all documents required to manage a grant of $196,957 for the Karluk Community Health Clinic. JOHNSON, moved to adopt seconded by HEINRICHS Resolution No. 97 -49. Mayor Selby explained that because of the percentage of low and moderate income requirements, Karluk clearly qualified to participate in this block grant program. He said the Karluk IRA Council's Capital Improvement Project list submitted for the upcoming legislative session included: 1) Sanitary Landfill and Sewer Upgrade; 2) Russian Church Restoration; 3) Multi - Purpose Building; 4)Permanent Dock Facility; and 5)Spit Access Road. The Sanitary Landfill and Sewer Upgrade project was in progress and funds from the Clean Water Fund would aid in a long -term solution to the landfill problems. Because it was a high priority project, an additional legislative grant could be received. The health clinic was a critical need. The current clinic was old, small, crowded, and provided limited patient privacy. The Tribal Council provided the old school site property that was adequate for the clinic and could accommodate a Coast Guard helicopter. Regular Assembly Meeting December 4, 1997 Volume XXIII Page 187 Presiding Officer G. Stevens opened the public hearing. Kathryn Reft, Karluk IRA Tribal Council clerk, thanked Mayor Selby for his comments and urged the Assembly to adopt the resolution. In response to Presiding Officer Stevens, Ms. Reft said the current clinic was small and patients were unable to enter the clinic without being viewed by other village residents. She agreed that the lot was adequate for a helicopter to land. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. In response to Assemblymember Arndt, Mayor Selby said a lead contractor would ensure that materials were delivered timely; however, the materials spaack package been prepared as it was needed prior price quotes for the grant application. Karluk residents would participate in building the clinic. Responding to Presiding Officer Stevens, Mayor Selby said the Karluk IRA Tribal the Council Borough wo uld eligible to apply for the grant the grant. Through a cooperative agreement, Karluk would assume responsibility for management and operation of the building once constructed. Presiding Officer Stevens offered good luck to the residents of Karluk. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous Regular Assembly Meeting December 4, 1997 Arndt, Heinrichs, Johnson, Abell, G. Stevens Volume XXIII Page 188 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported that the Borough was working with the villages on the solid waste project funded by the Exxon Valdez Trustee Council, and the process was near completion. Awarded was $1.6 million to implement the plan identifying disposal of used oil, household hazardous waste, recyclable materials, and scrap metal. He was pleased that the process established communication between the villages that went beyond solid waste issues. The Village Utility Council was formed several years ago, this was an avenue for the villages to pool efforts and address common problems. He understood DEC expected to fund positions for facility maintenance. A new Housing Authority Bill would make additional funds available to the villages for housing projects. The funds would range from $50,000 for smaller villages to $125,000 for larger villages in the first year and about half that amount on an annual basis. The villages would work together to determine how to spend the funds and receive maximum benefits. OLD BUSINESS None. NEW BUSINESS EW BUSINESS A. CONTRACTS CONTRACTS None. RESOLUTIONS B. RESOLUTIONS 1. Resolution No. 97 -47 Confirming the 1997 RESOLUTION Kodiak Island Borough and Member NO. 97 -47 Municipalities Population. Presented for consideration was Resolution No. 97 -47 that, if adopted, confirmed the Borough population figure of 14,181. Regular Assembly Meeting December 4, 1997 OLD BUSINESS Volume XXIII Page 189 HEINRICHS, moved to adopt seconded by ARNDT Resolution No. 97 -47. Mayor Selby said this annual resolution confirmed the Borough's population. Staff worked through a survey process to increase the state's estimate from 13,500 to 14,181, which was higher than the figure approved by the state last year. Every resident was important because revenue sharing and municipal assistance funds were based on a per capita figure. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, Abell, Arndt, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous 2. Resolution No. 97 -48 Establishing a Kodiak RESOLUTION Island Borough Human Resources Investment NO. 97 -48 Council (KIBHRIC) as a Standing Committee of the Borough. Presented for consideration was Resolution No. 97 -48 that, if adopted, established a single local advisory committee for job training and vocational education. JOHNSON, moved to adopt seconded by HEINRICHS Resolution No. 97 -48. Mayor Selby said this was a result of an 18 month effort by the self- sufficiency team that was comprised of people involved in human resources services in Kodiak. The 14 member Council would coordinate the efforts of agencies to secure job placement through the welfare -to -work and school -to- work programs. The Borough would request the federal grant and disburse the funds to the agencies. This allowed the programs to be administered from Kodiak rather than Anchorage or Kenai. Regular Assembly Meeting December 4, 1997 Volume XXIII Page 190 In response to Presiding Officer Stevens, Mayor Selby said Borough staff time to write the grants and accept and disperse grant funds would be reimbursed through the grant. The Council would elect the chair and vice -chair from their membership annually. VOTE ON MOTION TO ADOPT Ayes: Johnson, Abell, Arndt, Heinrichs, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous 3. Resolution No. 97 -50 Approving the Disposal RESOLUTION of Certain Parcels Determined to Be Surplus NO. 97 -15 to Public Use. Presented for consideration was Resolution No. 97 -50 that, if adopted, approved disposal of certain parcels at Kodiak Island Borough Land Sale #13. HEINRICHS, moved to adopt seconded by JOHNSON Resolution No. 97 -50. Mayor Selby said the Borough was preparing for a land sale in March 1998, and the need was to declare the property surplus. The four parcels were located in Lakeside Subdivision, Larsen Bay, Ugak Bay, and within the Kodiak townsite. Responding to Presiding Officer Stevens, Mayor Selby said 15 -20 parcels in Lakeside subdivision that were previously declared surplus had not sold at the last land sale. Mayor Selby added that an ordinance setting the terms, conditions, and date of the land sale would be forthcoming to the Assembly. Assemblymember Heinrichs referred to the map in the packet and noted that the Larsen Bay property was in close proximity to the city dump. He asked if the city of Larsen Bay could use the property to extend Regular Assembly Meeting December 4, 1997 Volume XXIII Page 191 the dump site. Mayor Selby said this was tax foreclosed property and the city of Larsen Bay had the first opportunity to secure the property. Assemblymember Arndt knew of a bear problem at the dump, and he did not remember seeing any development on adjacent lots on his recent visit to Larsen Bay. After reviewing the map, Mayor Selby clarified that the map was misleading. The property was located in the city and was served by water and sewer. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Heinrichs, Johnson, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous 4. Resolution No. 97 -51 Authorizing the Mayor RESOLUTION to Apply for a Loan from the Alaska Clean NO. 97 -51 Water Fund for the Kodiak Island Borough Landfill Improvements. Presented for consideration was Resolution No. 97 -51 that, if adopted, authorized the mayor to execute the documents to obtain funding for improvements to the Borough landfill for vertical expansion, leachate control, wastewater collection, and partial closure. ARNDT, moved to adopt seconded by HEINRICHS Resolution No. 97 -51. Mayor Selby said this was the end of the two -year period to apply for funds from the $2 million Alaska Clean Water Fund loan for landfill improvements. If the Borough did not apply, the opportunity would be lost. Although he did not expect a need to borrow $2 million, this action would open the line of credit. Regular Assembly Meeting December 4, 1997 Volume XXIII Page 192 In response to Assemblymember Johnson, Mayor Selby said the Borough had five years to request funding. At Presiding Officer Stevens' inquiry, Mayor Selby said receipt of any other legislative landfill grants would eliminate the need to borrow funds. VOTE ON MOTION TO ADOPT Ayes: Arndt, Heinrichs, Johnson Abell, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 97 -10B Amending Ordinance No, 97 -10 Fiscal Year 1998 Budget Reflecting Mid -Year Amendments. Presented for consideration was Ordinance No. 97 -10B that, if adopted, amended the original budget deemed necessary as fiscal year 1998 approaches mid -year. HEINRICHS, seconded by JOHNSON Mayor Selby explained the budget amendments by line item review that included a $600,000 receipt from the Shared Revenue Program and $179,000 less in raw fish tax. Assemblymember Heinrichs noted that the ordinance referenced the Service District No. 1 Board, not the Fire Protection Area No. 1 Board. HEINRICHS, moved to amend Ordinance seconded by ARNDT No. 97 -10B by replacing Regular Assembly Meeting December 4, 1997 moved to adopt Ordinance No. 97 -10B in first reading to advance to public hearing on December 18, 1997. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 97 -10B Volume XXIII Page 193 VOTE ON MOTION TO AMEND the words: "Service District No. 1" with the words: "Fire Protection Area No. 1" in the fifth and sixth Whereas. Ayes: Heinrichs, Johnson, Abell, Arndt, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous Assemblymember Arndt said the notes of the May 29 Assembly work session indicated that Mayor Selby would transfer $21,000 to the Fire Protection Area No. 1 budget for maintenance and repairs. ARNDT, seconded by ABELL Mayor Selby said the notes were mistaken. He would not transfer the funds without action by the Assembly as he did not support the rational for the transfer. At Presiding Officer Stevens' request for clarification, Mayor Selby said he felt the $21,000 should not be returned to the fire district as an insurance reimbursement. He said it was illegal to transfer general fund money to a service district that served a select group of residents. He saw the building as a Borough asset that all Borough residents shared; however, he felt that if the repairs and maintenance were less than $10,000, they were not major maintenance the fire district was charged to pay through their operating fund. Regular Assembly Meeting December 4, 1997 moved to amend Ordinance No. 97 -10B by adding $21,000 to the Fire Protection Area No. 1 budget for maintenance and repairs. Volume XXIII Page 194 In response to Assemblymember Johnson, Mayor Selby said the focus should be on the repairs and whether they were capital improvements or major maintenance. Assemblymember Arndt felt that removing two buried fuel tanks, installing a new above - ground fuel tank, installing new oil lines, replacing sidewalks, installing an emergency power service, replacing floor covering, removing and replacing all electrical fixtures, replacing garage doors, and painting the building were major maintenance expenses. Assemblymember Heinrichs felt it benefited the Borough to have a building for emergency services coordination. Mayor Selby suggested that a list of repairs be presented to the Assembly for review. There was general discussion about withdrawing the amendment; however, Assemblymember Arndt wanted the amendment included in the public hearing. VOTE ON MOTION TO AMEND Ayes: Abell, Arndt, Heinrichs Noes: Johnson, G. Stevens Absent: Bonney, W. Stevens MOTION FAILED 3 Ayes, 2 Noes Assemblymember Abell approved of the BMX bike track; however, he was concerned that the cost had risen from $20,000 to $55,000. He knew that BMX races were held at the fairgrounds. Mayor Selby said that because of the distance to the fairgrounds, he thought more young people would access the new track. At Presiding Officer Stevens' comment that the facility could not be insured without installing a fence, Mayor Selby responded affirmatively. Regular Assembly Meeting December 4, 1997 Volume XXIII Page 195 Assemblymember Arndt requested back -up information on all the projects in the mid -year budget. VOTE ON MOTION TO ADVANCE Ayes: Abell, Arndt, Heinrichs, Johnson, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous 2. Ordinance No. 97 -24 Amending Title 17 ORDINANCE Zoning of the Kodiak Island Borough Code of NO. 97 -24 Ordinances by Amending Section 17.02.030 Comprehensive Plan to Adopt the 1997 Port Lions Comprehensive Development Plan. Presented for consideration was Ordinance No. 97 -24 that, if adopted, amended the Borough Code to specify the 1997 Port Lions Comprehensive Development Plan. This item was advanced to public hearing on December 18, 1997 under "Consent Agenda ". 3. Ordinance No. 97 -25 Rezoning Tract D, U.S. ORDINANCE Survey 5509 From W- Watershed To PL- Public NO. 97 -25 Use Lands (Generally Located Within the City of Port Lions). Presented for consideration was Ordinance No. 97 -25 that, if adopted, rezoned property in compliance with the Port Lions Comprehensive Development Plan. This items was advanced to public hearing on December 18, 1997 under "Consent Agenda ". 4. Ordinance No. 97 -26 Rezoning Lot 18, Block ORDINANCE 8; Lot 6 Block 11; and Lots 35, 36A, and NO. 97 -26 59, Block 12, Aleutian Homes Subdivision From B- Business To R1- Single Family Residential (521, 611, 613, 1017, and 1111 Mill Bay Rd) . Regular Assembly Meeting December 4, 1997 Volume XXIII Page 196 Presented for consideration was Ordinance No. 97 -26 that, if adopted, rezoned property in compliance with the 1968 Comprehensive Plan. This item was advanced to public hearing on December 18, 1997 under "Consent Agenda ". 5. Ordinance No. 97 -27 Rezoning Lot 6A, ORDINANCE Brookers Lagoon From RR1 -Rural Residential NO. 97 -27 One To C- Conservation (37632 Chiniak Highway) . Presented for consideration was Ordinance No. 97 -27 that, if adopted, rezoned property in compliance with the Chiniak Comprehensive Plan. This item was advanced to public hearing on December 18, 1997 under "Consent Agenda ". 6. Ordinance No. 97 -28 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 4 Service NO. 97 -28 Areas Chapter 4.70 Service District No. 1 to Add Section 4.70.015 Service Exemptions to Reflect an Exemption for State Road Access for Parcels Not Receiving Any Benefit from Road Construction and Maintenance. Presented for consideration was Ordinance No. 97 -28 that, if adopted, amended Kodiak Island Borough Code to reflect an exemption for Service District No. 1 properties not receiving benefit from road construction and maintenance. ARNDT, seconded by HEINRICHS Regular Assembly Meeting December 4, 1997 moved to adopt Ordinance No. 97 -28 in first reading to advance to public hearing on December 18, 1997. Mayor Selby said this exempted parcels that received no road services from Service District No. 1. This was introduced at the request of the Service District Board. He noted that Chiniak Highway properties were exempted for the same reason; however, this was more Volume XXIII Page 197 difficult to determine because the state roads transversed throughout the service district. There was general discussion about a conflict of interest for those assemblymembers living on the state roads. Assemblymember Arndt considered this no different than voting on property taxes. At the request of Presiding Officer Stevens, Deputy Clerk Nielsen clarified that conflict of interest was specific to financial gain. If the presiding officer did not declare a conflict of interest and the assembiymember refused to vote, the vote would be cast to the prevailing side. She suggested that possibly no assemblymember had a conflict of interest when voting to advance an ordinance to public hearing. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Vacation of the twenty foot wide portions VACATION of Selief Lane and Beaver Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1, and Block 2, Selief Estates (Selief Lane, Beaver Lake Drive, and Von Scheele Way). HEINRICHS, seconded by ABELL Regular Assembly Meeting December 4, 1997 Arndt, Heinrichs, Johnson, Abell G. Stevens moved to approve the vacation of the twenty foot wide portions of Selief Lane and Beaver Volume XXIII Page 198 Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1, and Block 2, Selief Estates (Selief Lane, Beaver Lake Drive, and Von Scheele Way). Mayor Selby said the properties were slated for the next land sale, and the vacation would maximize the building possibilities. He said no negative comments were received at the Commission's public hearing, and a reduced road right -of -way acknowledged this as a residential subdivision, not an industrial tract. Assemblymember Arndt walked the property, and he did not agree with the Commission's decision because he was concerned about the location of the water shutoff valves. He did not feel 20 feet would impact the building sites, and he thought to address sidewalks for the increased pedestrian traffic in the area. Responding to Assemblymember Johnson, Mayor Selby said he did not see Selief Lane as a Mill Bay Road in the future. He added that the Commission discussed the need for sidewalks in the remaining 80 feet. Assemblymember Arndt's motion to postpone the vacation to the December 18, 1997 regular Assembly meeting died for lack of a second. Assemblymember Arndt felt the remaining 80 feet was not completely useable because of the steep bank. In response to Assemblymember Heinrichs, Mayor Selby said the trail extension planned for the back side of the properties could accommodate pedestrians. VOTE ON MOTION TO APPROVE Ayes: Heinrichs, Johnson, Abell Noes: Arndt, Stevens Absent: Bonney, W. Stevens Regular Assembly Meeting December 4, 1997 Volume XXIII Page 199 MOTION FAILED 3 Ayes, 2 Noes INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak City Council Regular Meeting of October 23, 1997. 2. Kodiak Island Borough Planning and Zoning Commission Regular Meetings of August 20, September 17, and October 15, 1997. B. REPORTS 1. Kodiak Island Borough Financial Report of November 1997. C. OTHER None. CITIZENS' COMMENTS Diana Buffington, Alaskan's for Tax Reform representative, phoned. She was concerned that the Assembly approved mid -year expenditures without going through the normal budget process. She wanted the Borough to operate within the established budget. Roger Redikopp said he often disagreed with Mayor Selby; however, he felt Mayor Selby worked hard to secure funds, was influential in political circles, and would be a loss to the Borough. Mr. Redikopp saw the Assembly's action increasing the mill levy as the reason residents voted for the manager form of government. He urged the Assembly to listen well to residents speaking against tax increases in the future. At his question about a substantial increase in insurance for the Borough, Mayor Selby said that was addressed in the original budget document. Presiding Officer Stevens said the Assembly would discuss the transition from a mayor to manager form of government at the Goals and Objective meeting scheduled for January 10 and 17, 1998. Regular Assembly Meeting December 4, 1997 REPORTS OTHER CITIZENS' COMMENTS Volume XXIII Page 200 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs congratulated Sharon Kennedy as Employee of the Month. He appreciated her help and- - expertise on - payroll - issueg during-- _construction- of the Bayside Fire Hall classroom. Assemblymember Johnson congratulated Ms. Kennedy. He knew of a family that returned to Kodiak because of the excellent educational system. Assemblymember Abell had mixed emotions about spending more on the BMX Bike Track; however, he wanted to provide recreation. He hoped for a tight review of the budget next year. Assemblymember Arndt had concern about spending more on a BMX Bike Track that would not. be utilized by skateboarders and others seeking recreational outlets. Presiding Officer Stevens heard rumors of problems_ in the day care program. He asked Mayor Selby to have Jeri Jensen, Borough Day Care Assistance administrator, attend a work session. Presiding Officer Stevens announced the Assembly would meet in a work session on Thursday, December 11, at 7:30 p.m. in the borough conference room, a joint Assembly /City Council work session on Tuesday, December 16, at 7:30 p.m. in the borough conference room, and a regular meeting on Thursday, December 18, at 7:30 p.m. in the assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 9:35 p.m. ATTEST: donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting December 4, 1997 Gary L. Stevens Presiding Officer APPROVED: 01/08/98 ADJOURNMENT Volume XXIII Page 201