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1995-11-21 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 21, 1995 A regular meeting of the Kodiak Island Borough Assembly was held November 21, 1995 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 Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding Suzanne Hancock Robin Heinrichs Bob Johnson John Burt (arrived at 7:32 p.m.) Mike Milligan (arrived at 7:32 p.m.) absent: Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Assemblymember McFarland was out of town on business and asked to be excused. HEINRICHS, seconded by JOHNSON VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OP AGENDA HEINRICHS, seconded by MILLIGAN Regular Assembly Meeting November 21, 1995 moved to excuse Assemblymember McFarland. Unanimous voice vote moved to approve the agenda. Mayor Selby asked the Assembly to amend the agenda by adding an executive session to discuss personnel and legal /financial issues. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA P.ce :55 HEINRICHS, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting November 21, 1995 moved to amend the agenda by adding an executive session to discuss personnel and legal /financial issues. Burt, Hancock, Heinrichs, Johnson, Milligan, Stevens Hancock, Heinrichs, Johnson, Milligan, Burt, Stevens Noes: None Absent: McFarland MOTION CARRIED Unanimous APPROVAL OP MINUTES A. K.I.B. Assembly Meeting of November 2, 1995. moved to approve the minutes of November 2, 1995. Heinrichs, Johnson, Milligan, Burt, Hancock, Stevens APPROVAL OF MINUTES P.ge 256 1 AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Jerome Selby presented the Student of the Month Award to Mindy Kramer, a junior at Port Lions School. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Susan Oliver, Kodiak Arts Council Board president, urged the Assembly to advance Ordinance No. 95 -08 to public hearing. Presiding Officer Stevens acknowledged the presence of Kodiak Arts Council Board members Rita Stevens, Randy Reach, and pat Branson. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember Milligan, Kodiak Economic Development Committee member, announced that John Pfeiffer was hired as the new economic development specialist. He said the Committee selected the McDowell Group out of Juneau to prepare a feasibility study on whether a convention center was needed in Kodiak. He noted the Committee also discussed the need for cold storage and bringing the Internet service to Kodiak. Assemblymember Hancock reported that the Mental Health Center Advisory Board would meet on Monday, November 27 at 5:30 p.m. in the Borough conference room. She said the Board would discuss the revision of the Center's fee schedule. She encouraged interested persons to attend. Assemblymember Burt attended the Alaska Municipal League Conference (AML) in Valdez so he was unable to attend the last Planning and Zoning Commission meeting. He noted that Commission work sessions through the end of November were cancelled. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. Regular Assembly Meeting November 21, 1995 CITIZENS' COMMENTS P.;e 257 A. Ordinance No. 95 -06 Rezoning Proposed Tract A, ORDINANCE B, and C, Alaska Tidelands Survey 1504, From NO. 95 -06 C -- Conservation to NU-- Natural Use. (Generally Located in Anton Larsen Bay, Adjacent to the State Highway, Including the Boat Launch Ramp and Dock.) Presented for consideration was Ordinance No. 95 -06 that, if adopted, rezoned state of Alaska property around the boat launch ramp and dock at Anton Larsen Bay from C-- Conservation to NU -- Natural Use zoning. MILLIGAN, seconded by HEINRICHS Mayor Selby said the rezone compliance for construction dock, and parking area. He would reduce congestion and Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. In response to Assemblymember Burt, Mayor Selby said the rezone was needed prior to construction scheduled for next summer. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED B. Ordinance No. 95 -07 Repealing Section 4.05.060 ORDINANCE Election required in Chapter 4.05 FORMATION AND NO. 95 -07 MODIFICATION OF SERVICE AREAS and Amending Section 4.10.010 Election Required in Chapter 4.10 SERVICES WITHIN SERVICE AREAS in Title 4 SERVICE AREAS. Presented for consideration was Ordinance No. 95 -07 that, if adopted, amended Kodiak Island Borough Code by eliminating election requirements to abolish or alter a service district. JOHNSON, moved to adopt seconded by MILLIGAN Ordinance No. 95 -07. Regular Assembly Meeting November 21, 1995 moved to adopt Ordinance No. 95 -06. brought the area into of a boat ramp, floating noted the improvements increase safety. Johnson, Milligan, Burt, Hancock, Heinrichs, Stevens None McFarland Unanimous Volume XX Page 238 Mayor Selby explained that the state did not require an election to abolish or alter a service district and the ordinance brought the Borough in line with those guidelines. Presiding Officer Stevens read a letter from the Womens Bay Service Area Board opposing the ordinance Presiding Officer Stevens opened the public hearing. ,$cott Arndt, Service District No. 1 Board chairman, announced that the Board had not met to discuss the ordinance so he was speaking for himself. He said residents voted to create the service district and residents should vote to alter or abolish the service district. He felt the cost of a special election was not a burden because only one precinct was affected and the service district could contribute to the cost. He wanted services to be altered or abolished under the same set of rules as established. In response to Assemblymember Milligan, Mr. Arndt said he wanted to protect voters from added services. He wanted residents to vote to abolish powers. Roy Aguirre, Service District No. 1 Board member, spoke for himself when he said he did not want to jeopardize individual voting rights. He agreed that the city should manage sewer /water services, but he felt voters should have a voice in the process. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. Assemblymember Milligan felt residents could not vote on all issues but their vote on service district issues was important. At the request of Assemblymember Heinrichs, Clerk Smith clarified that voters could initiate a petition for initiative to place on the ballot a question of establishing law, or a petition for referendum to place on the ballot the question of eliminating a law. She noted that the signatures of 15 percent of the voters was required and that equated to 10 voters in Womens Bay Service Area or 55 voters in Service District No. 1. Assemblymember Burt felt the question could be placed on a regular election ballot. He wanted voters to have easy access to government. Regular Assembly Meeting November 21, 1995 Volume XX Page 259 Assemblymember Johnson felt the public hearing was adequate for individuals to voice concerns. He did not view the ordinance as a threat because the state did not have that requirement. He said the Assembly could reconsider the ordinance if objection was voiced. Assemblymember Hancock thought borough law should parallel state law, especially when state law was less. However, she was reluctant to adopt the ordinance without approval of the service district and a special election was easier than petitioning the Assembly. Assemblymember Heinrichs suggested meeting with service area boards for discussion. HEINRICHS, moved to postpone seconded by JOHNSON Ordinance No. 95 -07 to the December 21 regular meeting. Assemblymember Heinrichs said good points were raised by Board members and the two sides were potentially not far apart. He thought face -to -face discussion to address concerns was appropriate. Assemblymember Milligan felt the agreement had to be sold to residents and the question placed on the ballot. JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting November 21, 1995 moved to amend the amendment to add that the matter will be discussed at the December 14, work session with the service area boards and any other interested individuals encouraged to attend. Johnson, Milligan, Burt, Hancock, Heinrichs, Stevens Volume XX Pnge 260 Assemblymember Heinrichs wanted Board members to have an opportunity to speak. Assemblymember Burt noted that the Womens Bay Service Area Board just received the public hearing notices and there was insufficient time to circulate information and secure comments from residents. In response to Presiding Officer Stevens, Mayor Selby said he did not object to postponing but had concern about the three months needed to approve a special election. Assemblymember Hancock was confident that the city would grant an extension for a special election. She felt, however, that a decision should be made with the current information because new information could cloud the issue. Assemblymember Johnson wanted residents to have the opportunity to comment. He said residents should be informed that state requirements were less. VOTE ON MOTION TO POSTPONE AS AMENDED Ayes: Burt, Heinrichs, Johnson Noes: Milligan, Hancock, Stevens Absent: McFarland MOTION FAILED 3 Ayes, 3 Noes At the request of Assemblymember Johnson, Mayor Selby said the ordinance eliminated the requirement to place the question to amend or abolish a service district on the ballot. He said residents could, by petition, place the question on a ballot. Assemblymember Johnson agreed that residents had the ability to request an election. Assemblymember Burt referenced problems with access to North Star Elementary School from a state maintained road. In response to Assemblymember Heinrichs, Clerk Smith explained that the Assembly could call for a special election through ordinance and the process to secure Department of Justice approval was 60 -90 days. Regular Assembly Meeting November 21, 1995 Volume XX Page 261 VOTE ON MOTION TO ADOPT Ayes: Johnson Noes: Burt, Hancock, Heinrichs, Milligan, Stevens Absent: McFarland MOTION FAILED 1 Aye, 5 Noes Assemblymember Heinrichs asked for direction to the Clerk to begin the special election process. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby commended the Assembly for their input at AML meetings in Valdez. He said all Borough issues were adopted by AML including the resolution on reauthorization of the Magnuson Act. He congratulated Presiding Officer Stevens as a newly - elected AML Board member. He noted that an increase in landfill fees would be before the Assembly at the December 7 meeting. He said staff worked to establish reasonable fees. He announced that Shuyak Island was sold to the Exxon Valdez Oil Spill Trustee Council for $42 million. He expected closure and receipt of the $8 million down payment in December. He said that allowed the Borough to move ahead with the enterprise fund for the Fisheries Industrial Technology Center (FITC). He said the Council also appropriated $1 million to purchase Uyak Bay parcels. He noted his surprise that discussion was different than that with Alaska Fish and Wildlife personnel. He planned for in -depth review of the FITC at the November 30 work session. He said the city was informed that the Borough was the successor of Clause 12 of the agreement between the city and the university for tract B on Near Island. He said he was not informed if the city would retain ownership of the property. He expected discussion on holding onto tract C, extending back to Trident Basin, for future expansion. He reported that the University Board of Regents adopted a resolution to pass all interest in the facility, as well as $3 million, to the Borough. He Regular Assembly Meeting November 21, 1995 P.p.:62 noted that $10 million in federal funds were appropriated and ECI Hyer was working on design of the facility. He said draft leases with the University of Alaska and the Alaska Department of Fish and Game were being reviewed to ensure appropriate language for bonding. He received multiple requests from airline companies asking that the Borough manage the Mark Air terminal. He said the information was sent to the Airport Advisory Committee for review and recommendations. He wished happy Thanksgiving to everyone. He said 1995 was a good year and the community was blessed and residents should reflect on their good fortune. OLD BUSINESS None. NEW BUSINESS A. AWARDS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 95 -08 Amending Title 2 ADMINISTRATION AND PERSONNEL by Adding CHAPTER 2.49 ARTS COUNCIL ADVISORY COMMITTER. Presented for consideration was Ordinance No. 95 -08 that, if adopted, created an Arts Council Advisory Committee to supervise an enterprise fund to include the executive director in the Kodiak Island Borough payroll and benefits package. MILLIGAN, moved to advance seconded by JOHNSON Ordinance No. 95 -08 to public hearing on December 7, 1995 Assemblymember Milligan felt it was an innovative idea that allowed a partnership in an environment of declining funds. Regular Assembly Meeting November 21, 1995 OLD BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -08 /'.,e 263 Assemblymember Burt felt the ordinance would provide benefits that were unavailable to others. He foresaw lawsuits if the Borough denied similar requests. Assemblymember Johnson said public discussion was needed. He agreed that others might request the same but wanted the ability to be innovative. He foresaw reduced support for valuable non - profit organizations in the future. He felt the executive director built an arts program that was beneficial to the community. Assemblymember Hancock was in favor of the ordinance but also had reservations about legal ramifications. She noted that Mayor Selby said the Borough attorney saw no problems and she asked for a letter for discussion at the next work session. Mayor Selby said he received a fax from the attorney, and although he had to reference one citation, he felt the ordinance was appropriate. Assemblymember Burt argued that the value of non- profits was not the issue. He was concerned that a system was being created for government to protect specific individuals. Assemblymember Milligan agreed with some of Assemblymember Burt's comments but stressed that non- profits contributed to the community. In response to Assemblymember Burt, Mayor Selby said the position was exempt from the union. VOTE ON MOTION TO ADVANCE Ayes: Noes: Burt Absent: McFarland MOTION CARRIED 5 Ayes, 1 No D. OTHER ITEMS OTHER ITEMS 1. Declare a Vacancy on Service District No. 1 SERVICE DISTRICT Board. NO. 1 BOARD VACANCY HEINRICHS, seconded by MILLIGAN Regular Assembly Meeting November 21, 1995 Hancock, Heinrichs, Johnson, Milligan, Stevens moved to declare a vacancy on the Service District No. 1 Board and direct the clerk to Y„l ua• XX Pala :M It was noted that Board member James Fisk recently died in an automobile accident. VOTE ON MOTION Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS None. B. REPORTS None. C. OTHER None CITIZENS' COMMENTS paul Finer said he did not oppose the arts or non- profits but rather the concept of the Borough taking an individual into the fold and providing benefits. He wanted the same opportunity because as a self - employed fisherman, during tight times, he had to look for additional income or do without. Scott Arndt, Service District No. 1 chairman, spoke again to the difficult access into North Star Elementary School from Otmeloi Way. He said the school was near completion and the water /sewer project would be completed in December and the road restored to its previous condition. He said the road would not accommodate increased traffic and did not provide walking access to the school. He hoped something would be done before someone was hurt. Susan Oliver thanked the Assembly for advancing Ordinance No. 95 -08 to public hearing. Regular Assembly Meeting November 21, 1995 advertise the vacancy per borough code. Heinrichs, Johnson, Milligan, Burt, Hancock, Stevens INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS P.;.:65 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMP °° COMMENTS Assemblymember Johnson felt the AML meetings were a worthwhile investment. He said Assemblymembers were busy, well - informed, and had many accomplishments. Assemblymember Heinrichs appreciated the opportunity to attend the newly - elected officials seminar at AML where he learned about parliamentary procedures, Title 29 and the relationship between the borough and state. He congratulated Mayor Selby on his success with the Shuyak Island sale. He said the process was long and drawn -out and now was the time to make plans for the proceeds. At questions raised by Assemblymember Heinrichs, Mayor Selby said the architect was working on the design of the FITC and he anticipated presenting the figures to the Assembly. He noted that $500,000 was specifically for design and required a match of funds. He said funds from the sale of Shuyak Island would allow design and site work to be completed with cash. At further questions raised, Mayor Selby explained that Congress approved up to $2 million for federal leases at the FITC and that was critical to cash -flow and operation of the facility. He noted that other leases were similar to tenant leases in other Borough buildings. He said cash would pay for half the cost of the building and a depreciation fund would be established to cover the cost of new roofs and maintenance. In response to Assemblymember Heinrichs, Mayor Selby reported that the new hospital construction was on schedule. He said there were a few change orders but construction costs were within the budget. Assemblymember Milligan echoed Mayor Selby's comments about Thanksgiving. He felt AML meetings afforded the Assembly an opportunity to meet with government officials and members of the business community. He mentioned a company that was interested in selling natural gas in Kodiak. Assemblymember Burt agreed that AML meetings were beneficial. Mayor Selby reported that Arco Alaska committed to send representatives from. Tesoro to work on the Kitoi Bay defense plan. Regular Assembly Meeting November 21, 1995 ■..d.m. XX P•p :66 Ayes: Presiding Officer Stevens said he enjoyed the AML meetings. He announced the Assembly would meet in a goals and objectives meeting on October 9 and distributed information to the Assembly for preparation. He wished Assemblymember Heinrichs a happy birthday and congratulated Mayor Selby and the community on the sale of Shuyak Island. Presiding Officer Stevens announced the assembly would meet in work session at 7:30 p.m. on Thursday, November 30, 1995 in the borough conference room and a regular meeting on Thursday, December 7, 1995 at 7:30 p.m. in the assembly chambers. MILLIGAN, seconded by HEINRICHS VOTE ON MOTION TO CONVENE Noes: None Absent: McFarland MOTION CARRIED Unanimous Donna F. Smith, CMC Borough Clerk Regular Assembly Meeting November 21, 1995 moved to convene into executive session to discuss personnel and legal /financial issues. Johnson, Milligan, Burt, Hancock, Heinrichs, Stevens At 9:01 p.m. Presiding Officer Stevens recessed the regular meeting and convened the executive session. At 10:16 p.m. Presiding Officer Stevens reconvened the regular meting. MILLIGAN, seconded by HEINRICHS VOTE ON MOTION TO ADJOURN MOTION CARRIED moved to adjourn. ADJOURNMENT Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:17 p. >. siding Of icer Approved: 12/07/95 Volume XX Page 267