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1998-06-04 Regular MeetingThere were present: A. Gary Stevens, Tom Abell Tuck Bonney Bob Johnson JOHNSON, seconded by W. STEVENS Regular Assembly Meeting June 4, 1998 KODIAK ISLAND BOROUGH Regular Assembly Meeting June 4, 1998 A regular meeting of the Kodiak Island Borough Assembly was held June 4, 1998 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 Envoy Ned Ortiz of the Salvation Army, followed by the Pledge of Allegiance. Presiding Scott Arndt Robin Heinrichs Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Linda Freed, Community Development Director APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES Kodiak Island Borough Assembly Meetings of May 7 and 21, 1998. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XXIV Page 102 W. STEVENS, seconded by BONNEY VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATIONS moved to approve the regular meeting minutes of May 7 and 21, 1998. Unanimous voice vote A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Eileen Probasco, secretary III in the Community Development Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Pat Branson, Kodiak Area Transit System (KATS) Advisory Committee chair, reported that KATS had 1,560 riders in May. The KATS "ride and fly" promotion started this date and would end on July 4 with a drawing for two round trip tickets to Hawaii, a $1,000 gift certificate from Ardingers, and a BMX bike. Everyone who rode KATS would be eligible to win. The next KATS Advisory Committee meeting would be June 22. Mike Milligan was upset that the land sale was canceled as he and many he knew bought their land from the Borough. He saw more young people fishing because experienced fishermen did not want to fish with the low fish harvest. Half the property listed for sale in the newspaper was originally from the Borough and half from the homestead act. He wanted land accessible to diversify the Borough's tax base. COMMITTEE REPORTS Presiding Officer G. Stevens reported that the Emergency Services Organization meeting this date, chaired by Fire Chief Joe Hart, was well attended. Regular Assembly Meeting June 4, 1998 AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXIV Page 103 PUBLIC HEARING 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. 98 -10 Levying Taxes on All Taxable ORDINANCE Real and Personal Property Within the Kodiak NO. 98 -10 Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 1998 and Ending on the Thirtieth Day of June 1999 (1999 Fiscal Year Budget) Presented for consideration was Ordinance No. 98 -10 that, if adopted, set the 1999 fiscal year tax levy. HEINRICHS, moved to adopt seconded by W. STEVENS Ordinance No. 98 -10. HEINRICHS, seconded by BONNEY VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting June 4, 1998 moved to amend Ordinance No. 98 -10 by substitution. Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Mayor Selby said this was the final presentation of the budget that was balanced within the 9.25 mill rate and fully funded the needs of fiscal year 1999 at $68,366,987. He outlined the changes in the substituted version. He referred to the summary statement that included anticipated general fund revenues of over $11 million and education funding of $11 million. He said the close -out of capital projects included the hospital at $19,307,000 and the Near Island Research Building at $6,725,000. He Volume XXIV Page 104 outlined the enterprise funds that included the landfill, the hospital, the Near Island Research Building, and the enhanced 911 service. He noted that personnel costs were $100,000 less than last year including the salary schedule increase. This was only $160,000 over 1985 personnel costs. Funding for education would reach the cap in two years. Kodiak had the lowest tax rate in the state; however, he knew of many communities looking to increase taxes. He commended Borough employees for their quality work. Presiding Officer Stevens opened the public hearing. Mike Milligan appreciated Borough and school district employees working to resolve software problems. When he noted the similar budget figures for the resource manger position and use of fund balance, Mayor Selby said the resource manager position was funded by land sales, not the general fund. Mr. Milligan thanked the Assembly for their good work. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. Assemblymember Arndt doubted the anticipated revenues of $1,023,000 in severance tax. Actual receipts were $845,000 in FY 1997, $1,048,000 in FY 1996, and as of May 4, $767,638 for FY 1998. Halibut, black cod, and projected salmon prices were half of last year, so he felt the budget figure was $200,000 too high. He thought it would be prudent to reduce costs without impacting services. He understood that interest earnings on the Facilities Fund, funded from the sale of Shuyak Island, were spent to maintain the Borough building and to pay the insurance on the building. He said the budget did not accurately reflect costs. Assemblymember Bonney reflected that funds were available only because of the 37.5 percent tax increase last year. Regular Assembly Meeting June 4, 1998 Volume XXIV Page 105 Assemblymember Arndt's motion, "to amend Ordinance No. 98 -10 by eliminating funding for line item 100 165 human resources director ", died for lack of a second. Assemblymember Arndt said anticipated revenues were artificially inflated and he wanted to reduce costs. Assemblymember Arndt's motion, "to amend Ordinance No. 98 -10 by reducing funding for line item 100 120 for $77,080 as the position was being vacated ", died for lack of a second. Assemblymember Arndt said he had a third amendment addressing costs in the MIS Department; however, he saw no support from the Assembly. He intended to address it at a later date. Assemblymember Heinrichs viewed the severance tax collections for the past nine years and saw a stable history that was in line with that budgeted. Mayor Selby watched fish prices carefully, and he was comfortable with the projections. As of this date, $600,000 of the $740,000 projected for fiscal year 1998 was collected. Eighty percent of severance tax came from bottom fish and 15 percent from salmon; therefore, low salmon returns had limited impact. The projected revenues on timber were reduced. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Arndt MOTION CARRIED 6 Ayes, 1 No 2. Ordinance No. 98 -13 Placing a Moratorium on ORDINANCE the Granting of Conditional Use Permits NO. 98 -13 (CUP) in the Pasagshak Area. Regular Assembly Meeting June 4, 1998 Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Volume XXIV Page 106 Presented for consideration was Ordinance No. 98 -13 that, if adopted, placed a moratorium on granting conditional use permits for gravel extraction in the Pasagshak area until completion of an area plan. BONNEY, moved to adopt seconded by ARNDT Ordinance No. 98 -13. BONNEY, seconded by ARNDT VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Regular Assembly Meeting June 4, 1998 moved to amend Ordinance No. 98 -13 by substitution. Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens None Unanimous Presiding Officer Stevens noted that 50 public hearing notices were mailed and two were returned; one opposing and one supporting. Mayor Selby said the moratorium would restrict development of additional gravel extraction sites in the Pasagshak area until an area plan was complete, possibly within the next year. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Bonney read the wording added to the substituted version. He wanted gravel extraction limited but did not want to stop other CUP applications. He thought the Department of Transportation had a permit to extract up to 75 cubic yards. Linda Freed, Community Development Department director, said it was a 50 year lease; however, she was not sure of the number of cubic yards. Volume XXIV Page 107 Assemblymember Bonney wanted to know the amount of gravel that would be needed. He envisioned a camp ground and enhancement of the area instead of dark holes. He hoped staff could find funds to develop the Pasagshak basin into a world class tourist site. He thought this was a win win situation that would compliment the Rocket Launch Facility. At Assemblymember W. Stevens' question, Mayor Selby said the added language would not restrict other CUP's. Assemblymember Arndt did not like moratoriums and was glad this was specific to gravel extraction CUP's. He said the Assembly, as the Board of Adjustment on the Rocket Launch Facility, had not addressed habitat enhancement. He wanted gravel sites near Lake Rose Tead enhanced for fish. ARNDT, seconded by ABELL moved to amend Ordinance No. 98 -13 in Section 2 by replacing the words: "area plan" with the words: "gravel extraction plan ". Assemblymember Arndt felt the area plan was too general and a gravel extraction plan would identify recreational use and improvements for the area. Assemblymember W. Stevens did not want to diminish the focus. At his question, Director Freed said the area plan had to be done to determine habitat needs not focused on Lake Rose Tead. Assemblymember Arndt felt his amendment opened other options. In response to Presiding Officer Stevens, Director Freed said the amendment focused on gravel extraction; however, work on the area plan would continue. Assemblymember Bonney opposed the amendment. He viewed the gravel pits and noted that the contractors Regular Assembly Meeting June 4, 1998 Volume XXIV Page 108 had done a good job as he saw no silting. He wanted an area plan and review of other issues as needed. Assemblymember Johnson saw no change in the intent of the ordinance with the amendment. Mayor Selby said the area plan had to be in place prior to the gravel extraction plan. This allowed wise planning to determine recreational uses in the valley. He intended to pursue discussion with the two gravel site permit owners for site specific enhancement. Assemblymember W. Stevens saw the need for an area plan prior to focusing on the gravel plan. Assemblymember Arndt's intent was not to take away from the area plan as gravel extraction site plans would become part of the area wide plan. JOHNSON, seconded by ARNDT Assemblymember Bonney wanted an area plan first and to review other issues as needed. VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO AMEND AS AMENDED Ayes: Noes: None Regular Assembly Meeting June 4, 1998 moved to amend the amendment to read: "area plan including a gravel extraction plan ". Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Volume XXIV Page 109 MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR The legislative session was over and the subsistence issue was not dealt with; therefore, the federal government would take over the Department of Fish and Game unless a special session was called. Representative Don Young would be the keynote speaker for the Kodiak Fisheries Research Center ribbon cutting ceremony scheduled for August 1, 1998 at 2:00 p.m. Senator Murkowski may also attend. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 98 -24 Annual Maintenance Parts CONTRACT for the Harris Press Baler Located at the NO. 98 -24 Kodiak Island Borough Landfill Facility. W. STEVENS, seconded by ARNDT Regular Assembly Meeting June 4, 1998 moved to approve Contract No. 98 -24 with DSR Companies of Anchorage in an amount not to exceed $10,956.09. Mayor Selby said this was for annual maintenance of the baler at the landfill facility. OLD BUSINESS NEW BUSINESS Volume XXIV Page 110 There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Sevens Noes: MOTION CARRIED B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None Unanimous 1. Ordinance No. 98 -14 Rezoning a Portion of Lot S1A and All of Lot S2, U.S. Survey 3218 (Approximately 11.8 Acres), From I- Industrial to B- Business, and a Flag Stem Portion of Lot S1B, U.S. Survey 3218 (Approximately 3,000 Square Feet) From R2- Two Family Residential To B- Business. (173 Island Lake Road, 2705 Mill Bay Road, and 2980 Cove Drive) Presented for consideration was Ordinance No. 98 -14 that, if adopted, rezoned property consistent with the original Comprehensive Plan. Ordinance No. 98 -14 was advanced to public hearing on June 18, 1998 under "Consent Agenda ". 2. Ordinance No. 97 -l0D Amending Ordinance No. 97 -10 Fiscal Year 1998 Budget to Reflect Adjustments. Presented for consideration was Ordinance No. 97 -10D that, if adopted, amended the fiscal year 1998 budget. Ordinance No. 97 -10D was advanced to public hearing on June 18, 1998 under "Consent agenda ". Regular Assembly Meeting June 4, 1998 RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -14 ORDINANCE NO. 97 -10D Volume XXIV Page 111 3. Ordinance No. 98 -15 Repealing Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 2.19 NO. 98 -15 Financial Responsibility. Presented for consideration was Ordinance No. 98 -15 that, if adopted, repealed KIBC 2.19 that allowed removal of an elected official or board, commission, or committee member from office for a delinquent account with the Borough. Ordinance No. 98 -15 was advanced to public hearing on June 18, 1998 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Appointments to the Kodiak Area Transit APPOINTMENTS TO System Advisory Committee. KATS ADVISORY COMMITTEE HEINRICHS, seconded by BONNEY VOTE ON MOTION TO APPOINT Ayes: Noes: MOTION CARRIED Presiding Officer Stevens appointed Wayne Stevens as assembly representative to the Kodiak Area Transit System Advisory Committee. JOHNSON, moved to confirm the Regular Assembly Meeting June 4, 1998 moved to appoint Wanetta Ayers, Tim Blott, and Patricia Branson to 3 -year terms to expire December 31, 2000; and Marie Barni and Woody Koning to 2 -year terms to expire December 31, 1999 on the Kodiak Area Transit System Advisory Committee. Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens None Unanimous Volume XXIV Page 112 seconded by HEINRICHS VOTE ON MOTION TO CONFIRM MOTION CARRIED HEINRICHS, seconded by ARNDT Regular Assembly Meeting June 4, 1998 presiding officer's appointment of Wayne Stevens as assembly representative to the Kodiak Area Transit System Advisory Committee. Unanimous voice vote 2. Establishment and Appointments to the Island Lake Recreational Use Task Force. moved to confirm the presiding officer's appointments of Kevin Arndt, Lorna Arndt, Chad Borton, Charles (Bud) Cassidy, Thomas A. Emerson, Bill Hinkle, Andrew Neslund, Jane Petrich, Jamey Spencer, Kristin Stahl- Johnson, Danny Stihl, Pat Szabo, Barbara A. Williams, and Isa Wirz to the Island Lake Recreational Use Task Force. Presiding Officer Stevens noted that Steve Hunt withdrew his application. Assemblymember W. Stevens received phone calls from Island Lake residents concerned about the balance of the task force. Presiding Officer Stevens wanted to appoint everyone who applied. He said public meetings would be held where any resident could speak. He hoped for a compromise that would work for everyone. Assemblymember Arndt saw many large groups with a minority and a majority represented that worked. ESTABLISHMENT AND APPOINTMENTS TO THE ISLAND LAKE RECREATIONAL USE TASK FORCE Volume XXIV Page 113 Assemblymember Johnson felt this would have a positive outcome. VOTE ON MOTION TO CONFIRM MOTION CARRIED Unanimous voice vote Presiding Officer Stevens appointed Assemblymember Arndt as the chair of the Island Lake Recreational Use Task Force. HEINRICHS, seconded by W. STEVENS VOTE ON MOTION TO CONFIRM MOTION CARRIED 6 Ayes, 1 No Presiding Officer Stevens said the meetings would be advertised and staff would record the minutes. The task force was charged to present a recommendation to the Assembly on or before September 15. Assemblymember Heinrichs hoped for a consensus. Assemblymember Arndt felt this allowed options. 3. Providence Kodiak Island Mental Health JOHNSON, seconded by ARNDT Mayor Selby thanked Ms. Madsen for her time. He appreciated all Borough boards' and commissions' volunteers for their service to the community. Regular Assembly Meeting June 4, 1998 moved to confirm the presiding officer's appointment of Assemblymember Scott Arndt as chair of the Island Lake Recreational Use Task Force. Center Advisory Board Vacancy. CENTER VACANCY moved to declare the seat held by Jacqueline Madsen on the Providence Kodiak Island Mental Health Center Advisory Board vacant. MENTAL HEALTH Volume XXIV Page 114 VOTE ON MOTION MOTION CARRIED Unanimous voice vote INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meetings of March 18 and April 15, 1998. 2. Providence Kodiak Island Medical Center Meeting of March 23, 1998. 3. Management Information Systems Steering Committee Meeting of April 17, 1998. 4. Local Emergency Planning Committee Meetings of April 6 and April 27, 1998. 5. Kodiak Island Borough School District Board of Education Meeting of April 20, Special Meetings of May 4 and May 18, 1998. 6. Larsen Bay City Council Regular Meeting of May 21, 1998. B. REPORTS 1. Kodiak Island Borough May 1998 Financial report. 2. Kodiak Island Borough School District Board of Education Summaries of May 18 and 26, 1998. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Johnson congratulated Eileen Probasco as employee of the month. He helped review 34 applications and congratulated Dr. Douglas Hammer as the new president of Kodiak Community College. Assemblymember Bonney was glad the budget was over; however, if a tax increase had been needed, he would have fought to cut positions. He appreciated the Assembly for working together. Regular Assembly Meeting June 4, 1998 REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXIV Page 115 Assemblymember W. Stevens congratulated Ms. Probasco. This was his fifth budget public hearing and he was pleased the meeting was completed at an early hour. Assemblymember Abell felt it was easy to adopt the budget after the large tax increase last year. He commended Assemblymember Arndt for his comments. He noted Mr. Milligan's comments about a land sale and asked about the property on the Selief Lane Extension. Mayor Selby said the Assembly visited the property and remanded it back to the Planning and Zoning Commission to submit a plan for the entire area. Assemblymember Arndt hoped the Assembly would make an effort to cut expenses because every dime was spent. He would examine the mid -year budget; but, he hoped for a rebound and sufficient resources. Presiding Officer Stevens remembered that the resource manager position was funded by land sales and in 2002 no funds were projected; therefore, there would be no funds for a position that handled more than just land sales. Presiding Officer Stevens announced the assembly would meet in a work session on Thursday, June 11, at 7:30 p.m. in the borough conference room; a joint assembly /council work session on Tuesday, June 16, at 7:30 p.m. in the borough conference room; and a regular meeting on Thursday, June 18, at 7:30 p.m. in the assembly chambers. Members of the assembly would travel to Afognak Island on Saturday, June 6. There being no further business to come before the Assembly, the meeting was adjourned at R-- m. ATTEST: OY`iia (.1) a F. Smith, ^MC AAE Borough Clerk. Regular Assembly Meeting June 4, 1998 Gar L. StQ'evens, Presiding Officer APPROVED: 06/18/98 ADJOURNMENT Volume XXIV Page 116