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1996-02-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 1, 1996 A regular meeting of the Kodiak Island Borough Assembly was held February 1, 1996 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. Presiding Officer Stevens led the Pledge of Allegiance. There were present: Gary Stevens, Presiding John Burt Suzanne Hancock Robin Heinrichs Bob Johnson Jack McFarland Mike Milligan comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Steve Hobgood, Engineering /Facilities Director APPROVAL OP AGENDA McFARLAND, moved to approve the seconded by MILLIGAN agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Unanimous voice vote A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Tom Lanahan, carpenter in the Engineering /Facilities Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Chris Kinter spoke against the reconsideration of Resolution No. 96 -03. He contended that the cost of Regular Assembly Meeting February 1, 1996 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZENS' COMMENTS Volume XXI Page 31 renovating the building was unknown and leasing was difficult. He felt DEC would require the Borough to remedy any oil spill problems around the terminal. He said taxpayers were overextended, and he thought more Borough employees would be added. He felt the building was a liability, not an asset. He felt ERA and Alaska Airlines provided adequate service. At Assemblymember Milligan's comment that some felt it was a good idea to establish a port authority, Mr. Kinter said that without the airport and decent transportation it might be a good idea but that was not the case, and the Borough had too many projects. Ken Gordon objected because he felt the Borough had too many projects still unfinished that required the appropriation of additional funds. He said since oil revenues and the canneries were declining, taxpayers would bear the burden. He said the Airport Advisory Committee identified six concerns that had not been addressed. Assemblymember McFarland said it was difficult for many airline carriers to build buildings but with the facility in place, air carriers might come to Kodiak. Ed Randolph understood that the resolution allowed Mayor Selby to explore the purchase and not the authority to take action. He said if it costs the taxpayers to own the building, he would speak against it but reiterated the Mayor should explore the acquisition of the building. When Assemblymember Burt commented that Borough involvement would increase the cost of the building, Mr. Randolph said he thought Borough involvement could help the private sector to compete. After Presiding Officer Stevens read the resolution, Assemblymember McFarland felt the word "negotiate" was misleading. He saw it as a fact - finding mission with an obligation to bring the information back to the Airport Advisory Committee and the Assembly. Wayne Stevens, Airport Advisory Committee chair, spoke in favor of the reconsideration. He defined it as an opportunity to bargain to reach a decision. He felt the six concerns could be addressed. He wanted to know what AIDA's bottom line was. He thought the airport should be part of the public infrastructure as the Sealand dock was. He understood that there would be no added cost to taxpayers because the building would be self - supporting. Regular Assembly Meeting February 1, 1996 Volume XXI Page 32 At Assemblymember Milligan's inquiry, Mr. Stevens said port authority was adopted by legislation. He said the Committee would gather information for the Assembly. Assemblymember Burt understood it would be an enterprise fund but leases were not in place and he wondered where funds for the remodel would come from. Presiding Officer Stevens said the intent was to sell revenue bonds. Assemblymember Burt wondered what would happen if the state no longer wanted the property. Wayne Stevens explained that the Coast Guard owned the property and leased it to the state. Jinda Sargent spoke to her request for a waiver from paying sewer related fees from September 1995 to May 1996. She said raw sewage was taken from her home but was dumping on her property and did not reach the sewer treatment plant. She said three of her neighbors had the same problem and the City waived fees for one neighbor. Bruce Schactler spoke in favor of the appropriation request for a fishing issues lobbyist. He was pleased that the City supported the concept. He contended that fishing was the backbone of the community and every attack on fishing was an attack on Kodiak. He said the lobbyist would represent all commercial fishing interests. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember Heinrichs, School District Budget Review Committee representative, reported that the Committee was in the process of preparing a budget proposal. Assemblymember Hancock, Planning and Zoning Commission representative, reported that the Commission was reviewing a code revision for non- conforming property. She suggested a work session with the Commission. BOARD OF BOARD OF ADJUSTMENT ADJUSTMENT Presiding Officer Stevens recessed the regular meeting and convened the Board of Adjustment. Regular Assembly Meeting February 1, 1996 Volume XXI P..se 33 A. FINDINGS OF FACT on Denial of An Appeal of the Planning and Zoning Commission's decision on a Conditional Use Permit to Permit a Rocket Launch Facility and Associated Structures to be Located on Approximately 3,077 Acres of Land at Narrow Cape Near Pasagshak Bay. (Applicant: AADC) (Appellant: Mike Sirofchuck and Stacy Studebaker) McFARLAND, seconded by HEINRICHS moved to adopt the Findings of Fact as follows: 17.67.05 A. That the conditional use will preserve the value spirit. character and integrity of the surrounding area. The conditional use will preserve the value, spirit, character and integrity of the surrounding area to the extent that potential impacts on mammal and bird life, wetlands, down -range fisheries, and existing grazing uses are effectively mitigated. In consideration of this, AADC has completed a draft of an Environmental Assessment (EA), has received conditional approval from the Corps of Engineers for discharge of fill material into wetlands, and has received a proposed ACMP consistency determination from the State Division of Governmental Coordination for certification of consistency with the Alaska Coastal Management Program. Measures have also been undertaken by AADC to address the Coast Guard's concern about potential interference with radio navigation signals from their Loran Station at Narrow Cape, and to ensure public access, except for 4 -6 hour launch windows, to Twin Lakes, which is stocked with trout by ADFG. Condition of approval No. 3 assures public access to other adjacent public lands. AADC has also performed soil boring, aerial mapping, and ground surveying as part of a biological assessment and baseline. Conditioning this CUP upon the review and approval of the KLC by applicable federal and State permitting agencies will assure that potential environmental concerns are addressed by those with the appropriate expertise. In addition, conditioning the CUP upon continued compliance with applicable federal and state permit requirements will ensure that the local permit authorization is contingent upon project compliance with all requirements. 17.67.05 B. That the conditional use u l ill a ll other requirements of this chapter pertaining to the conditional use in question. Regular Assembly Meeting February 1, 1996 Volume XXI P..:e 34 Based on the site plan, building schematics, road realignment engineering plans, and other supporting documentation, it appears that the conditional use will fulfill all other requirements of chapter 17.13, (C- Conservation Zoning District) of the Borough Code. The special district regulations for the conservation zoning district (KIBC 17.13.090) concerning impacts on the natural environment and preservation of natural features specific to vegetation coverage, drainage patterns, erosion, and water quality and flow appear to have been addressed in the siting and design of the project's structures. Further environmental review will be conducted by federal and state permitting agencies with specific expertise in these issues. - • - ru will not be harmful to the public health, safety. convenience and comfort The launch complex will be constructed and maintained in accordance with all applicable federal, state and local requirements. The launch pad and all related support facilities will be constructed to Uniform Building Code and Uniform Fire Code standards, as well as federal and state standards that might apply to this kind of highly specialized activity. While the sites remoteness may increase costs and logistics associated with transportation of materials and components, it is also an advantage for reasons of safety and security. The area is very sparsely populated. The aerospace industry is one that has been suggested and, therefore, bound to complement existing industries in Kodiak with little negative impact. Launches can be scheduled to not interfere with fishing and crabbing south of Narrow Cape. Spent rocket stages that fall into the ocean will fall a hundred miles downrange. In response to a question at a Kodiak Audubon Society forum, an official representing AADC indicated that, in the remote possibility that an errant launch vehicle had to be destroyed closer to Narrow Cape, the solid rocket fuel would be extinguished upon entry into the water, would not melt or dilute in the water, and does not release toxic chemicals. 17.67.05 n. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions 1istsd in svhcentinns A through C of this section. Regular Assembly Meeting February 1, 1996 Volume XXI Page 35 Even more that the twenty -five foot setbacks required by the C- Conservation zoning district, the remoteness of the site, distance from any residential development, natural vegetation and topography serve to provide buffering and safeguards against conflicts arising from potential incompatibilities between the proposed development and other land uses. 17.67.05 R. If the permit is for a public use or structure, the commissifn_mpst find that the proposed use or structure is located in a manner which will maximize public benefits. The AADC was created to develop the aerospace industry and diversify the economy in the state of Alaska. It is a public corporation of the state located within the Department of Commerce and Economic Development and affiliated with the University of Alaska. This conditional use permit will serve that public function, and, therefore, subject to industry safeguards and public agency review, the Kodiak Launch Complex will maximize public benefits. Specifically, the Narrow Cape site was selected after a rigorous review of a number of alternative sites located around the state. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Presiding Officer Stevens closed the Board of Adjustment and reconvened the regular meeting. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby announced that Threshold Services placed red dumpsters for cardboard recycling at the Kodiak Daily Mirror building, Kodiak Rental Center, and McDonalds. He anticipated additional dumpsters in the future but noted that business owners should call Kodiak Sanitation for cardboard pickup on Wednesdays. He said 50 percent of the baleing and filling at the landfill was cardboard and encouraged residents to Regular Assembly Meeting February 1, 1996 Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens PUBLIC HEARING MESSAGES FROM MAYOR Volume XXI Page 36 recycle. He said that flattened cardboard was best but not required. He said he would review the Solid Waste Task Force objectives with the Assembly at the February 8 work session. He traveled to Juneau for AML Board meetings and reported that Kodiak projects were positioned as well as possible. He said the wastewater treatment plant addition was high on the list but the hospital, Ouzinkie breakwater, and the landfill and sewer system for Karluk were still not funded but had solid support. He expected the capital budget to be completed soon. He spoke with Governor Knowles and felt the Kodiak candidates for the Board of Fish were in a strong position. He said the appointments might not be made until after the March Board of Fish meeting. He met with lobbyists Don Kubley and Jerry McKune regarding fishing related concerns. He thought the United Fisherman of Alaska lobbyist was beneficial. He said the fish initiative was certified to be on the ballot. Assemblymember Milligan referred to Representative Alan Austerman's January 19 letter regarding the hospital funding the budget and wondered if there should be follow -up. Mayor Selby reported the governor's capital budget would be presented mid - February. He reiterated that key legislators were cognizant of the need and were supportive. OLD BUSINESS A. Reconsideration of Resolution No. 96 -03 Authorizing the Mayor to Negotiate the Acquisition of the MarkAir Terminal Building. Presented for consideration was Resolution No. 96 -03 that, if adopted, authorized the mayor to negotiate with the bankruptcy court and the Alaska Industrial Development and export Authority (AIDA) for the acquisition of the MarkAir terminal building and lease of the lot where the terminal is located. McFARLAND, seconded by MILLIGAN Regular Assembly Meeting February 1, 1996 moved to reconsider Resolution No. 96 -03. OLD BUSINESS RECONSIDERATION OF RESOLUTION NO. 96 -01 XM Assemblymember McFarland felt it was worthwhile to explore the possibility of purchasing the building. He wanted the Assembly to review and discuss the recent resolution from the Chamber of Commerce. Assemblymember Hancock contended that the metal building had structural damage and was a liability. she noted the remodel work on the old Borough dorms and doubted the worthiness of maintaining old buildings. Assemblymember Johnson agreed with that some objections may be valid but reiterated the resolution was for fact finding negotiation, not the contract to purchase. He appreciated Mr. Kinter's comments but was unsure of their validity until research was completed. He felt the building could be part of the infrastructure that served the public. Assemblymember Milligan felt the reconsideration was positive because it allowed research and debate. Assemblymember Heinrichs was concerned about current Borough project costs. He did not want to create more debt and wanted a complete cost estimate. VOTE ON MOTION TO RECONSIDER Ayes: Heinrichs, Johnson, McFarland, Milligan, Stevens Noes: Hancock, Burt MOTION CARRIED 5 Ayes, 2 Noes The motion to adopt Resolution No. 96 -03 was before the Assembly. HEINRICHS, seconded by McFARLAND BURT, seconded by MILLIGAN Regular Assembly Meeting February 1, 1996 moved to postpone Resolution No. 96 -03 to the March 7 regular meeting, and schedule a special meeting on February 20 after the joint Assembly /Council work session for an executive session to discuss economic matters. moved to amend the amendment by placing Resolution No. 96 -03 on Assemblymember needed. VOTE ON MOTION Ayes: Noes: MOTION CARRIED McFARLAND, seconded by MILLIGAN Ayes: Noes: Ayes: Noes: Regular Assembly Meeting February 1, 1996 Milligan TO AMEND the agenda under public hearing at the March 7 regular meeting. said public comments were THE AMENDMENT Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens None Unanimous It was generally decided that each Assemblymember would submit questions to Mayor Selby. VOTE ON MOTION TO AMEND THE AMENDMENT moved to amend the amendment by scheduling an executive session during the February 15 regular meeting to discuss economic matters. Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs, Stevens None MOTION CARRIED Unanimous When Assemblymember Milligan asked what questions would be public, Mayor Selby said it would be determined which questions would be public at the executive session. VOTE ON MOTION TO POSTPONE AS AMENDED McFarland, Milligan, Burt, Hancock, Heinrichs, Johnson, Stevens None Volume XXI Page 39 MOTION CARRIED NEW BUSINESS A. AWARDS 1 . McFARLAND, seconded by MILLIGAN Unanimous Contract No. 96 -02 Bayside Fire Station Fuel Tank Project. moved to award Contract No. 96 -02 to Northern Petroleum Service of Kodiak in an amount not to exceed $6,655. Mayor Selby said quotes were received from many firms and that Northern Petroleum Service was awarded the contract under the local bidder preference. He explained the underground fuel tank removal was consistent with plans to eventually eliminate underground fuel tanks. Since construction was underway at the fire hall, he thought this was the time to implement the plan. VOTE ON MOTION TO AWARD Ay Noes: MOTION CARRIED Unanimous B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION Milligan, Burt, Hancock, Heinrichs, Johnson, McFarland, Stevens None After a ten minute recess at 8:58 p.m., Presiding Officer Stevens reconvened the regular meeting. 1. Ordinance No. 96 -02 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.20 Borough Mayor by Adding Section 2.20.25 Compensation. Presented for consideration was Ordinance No. 96 -02 that, if adopted, set the compensation for a newly - elected first -term borough mayor at $60,000 per year. Regular Assembly Meeting February 1, 1996 NEW BUSINESS AWARDS CONTRACT NO. 96 -02 RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -02 Volume xxi Page 40 MILLIGAN, seconded by McFARLAND Mayor Selby said this was a housekeeping measure to clarify the starting salary for a new mayor. When Assemblymember McFarland asked if a comparison study was done, Mayor Selby said no, that the salary was the same as ten years ago. VOTE ON MOTION TO ADVANCE Ayes: Noes: None MOTION CARRIED Unanimous 2. Ordinance No. 96 -03 Providing for the ORDINANCE Submission to the Qualified Voters of NO. 96 - 03 Service District No. 1 the Question of Withdrawing Water and Sewer Powers from Service District No. 1, Within the Kodiak Island Borough, at a Special By -Mail Election in and for Service District No. 1, Within the Kodiak Island Borough, on June 4, 1996, and Transferring Water and Sewer Improvements to the City of Kodiak. Presented for consideration was Ordinance No. 96 -03 that, if adopted, placed a question on the ballot to withdraw sewer and water powers from Service District No. 1 to allow the Borough and City to enter into an agreement that the City should assume the ownership, maintenance and operation of the existing water and sewer utilities in Service District No. 1. McFARLAND, moved to advance seconded by MILLIGAN Ordinance No. 96 -03 to public hearing on February 15, 1996. Mayor Selby said the ordinance was required to place the question on the ballot. He explained the agreement was drafted as a result of the task force comprised of Borough and City elected officials. VOTE ON MOTION TO ADVANCE Regular Assembly Meeting February 1, 1996 moved to advance Ordinance No. 96 -02 to public hearing on February 15, 1996. Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens Volume XXI Page 41 Ayes: Noes: MOTION CARRIED D. OTHER ITEMS McFARLAND, seconded by MILLIGAN Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens None Unanimous 1. Appropriation Request for Fishing Issues Lobbyist. moved to appropriate $5,000 to the United Fisherman of Alaska to be used toward lobbying in the interest of commercial fisheries. Assemblymember McFarland thanked Bruce Schactler for gathering information from fisheries groups and the Chamber of Commerce for their resolution of support. Assemblymember Burt felt it was money well spent. VOTE ON MOTION TO APPROPRIATE Ayes: Noes: Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens None MOTION CARRIED Unanimous 2. Waiver of Sewer Fees at 1830 Mission Road. HEINRICHS, seconded by McFARLAND Assemblymember McFarland wondered why the other two residences affected were not included in the packet. Mayor Selby said there was no provision for a waiver in the code and that made it an illegal act. He said Regular Assembly Meeting February 1, 1996 moved to waive sewer related fees of $50.60 per month for the residence at 1830 Mission Road incurred from September 1995 to the connection of the access pipe to the service treatment plant (approx. May, 1996). OTHER ITEMS APPROPRIATION REQUEST FOR FISHING ISSUES LOBBYIST WAIVER OF SEWER FEES Volume XXI Page 42 the total for the three residences was $1,593.90 and suggested that the Assembly refer this to the Service District No. 1 Board. He contended that sewage was removed from the home and dumped into the same bay that the wastewater treatment plant dumped into and during heavy rains the plant could not treat all sewage. He contended that the basis for waiving fees should apply to all and noted that pipes in the Aleutian homes area were also in poor condition. He said nothing had changed for this residence in 20 years and felt it was an arbitrary and capricious action that was not good for public policy. Assemblymember McFarland felt that although Mayor Selby raised valid points, that after the recent upgrade in the area it was discovered that six residences were omitted. He felt some communities would give relief to those not connected to the system. Assemblymember Heinrichs thought it should be determined if it was a public or private line. He said that if it was a private line, they should not pay fees but action should be taken to require them to connect at their own expense and be responsible to DEC for any discharge. He understood the cost for correcting the problem was $20,000 and it would be generous for the Borough to declare the line public and correct the problem and not waive the fees. Presiding Officer Stevens reiterated that there was no provision for waiving fees in the code. VOTE ON MOTION TO WAIVE FEES Ayes: McFarland, Burt Noes: Johnson, Milligan, Hancock, Heinrichs, Stevens MOTION FAILED 2 Ayes, 5 Noes INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Service District No. 1 Board Meeting of October 17, 1995. 2. Mental Health Center Advisory Board Meeting of December 11, 1995. 3. Fire Protection Area No. 1 Board Meeting of October 31, 1995. Regular Assembly Meeting February 1, 1996 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXI Page 43 4. KIB School Board Regular Meeting of December 11, 1995 and Special Meeting of January 8, 1996. 5. Planning & Zoning Commission Regular Meeting of November 15, 1995. B. REPORTS REPORTS 1. Kodiak Island Borough January 1996 Financial Report. 2. Kodiak Island Hospital & Care Center December 1995 Financial Report. 3. Kodiak Island Borough School District November 1995 Financial Report. 4. Kodiak Island Borough Mental Health Center December 1995 Financial Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Burt shared his sister's bumper sticker that read: "When the people lead, the leaders will follow." He saw wisdom in the words and asked the voters to take heed. Assemblymember Milligan noted that Oregon had their first mail -in election for U.S. senator. At Assemblymember McFarland's inquiry, Mayor Selby said he would clarify the alternative disposal and privatization of certain areas in the Solid Waste Task Force objectives at the next work session. Assemblymember McFarland bereaved the loss of Special Olympian Khampheng "Cam" Sengmanyphet and sent condolences to his family. He said Cam was born in Laos in 1968 and grew -up with hardships. He recognized all Special Olympians and thanked Jim Balamaci for allowing him an opportunity to have a wonderful interchange with a fine young man. Assemblymember Heinrichs congratulated Tom Lanahan as employee of the month and thanked him for quality work. Regular Assembly Meeting February 1, 1996 OTHER CITIZENS' COMMENTS ASSEMBLYMEMBFR COMMENTS Volume XXI Page 44 Assemblymember Hancock announced that the Solid Waste Task Force meetings were open to the public and encouraged the public to attend. Regarding the bumper sticker, Assemblymember Johnson said town meetings would facilitate public participation. Presiding Officer Stevens thanked Assemblymember Hancock for her interest in the Solid Waste Task Force and appointed her as chair and appointed Matt Jamin, Fred Nass, Duane Freeman, Mark Frost, Bill Bulen, Hans Tschersich, and Dale Soughers as members. Presiding Officer Stevens announced the Assembly would meet in a work session on Thursday, February 8 at 7:30 p.m. in the borough conference room and regular meeting on Thursday, February 15, 1996 at 7:30 p.m. in the assembly chambers. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:38 p.m. ATTEST: D onna F. Smith, Borough Clerk Regular Assembly Meeting February 1, 1996 Ga. L. evens Pr siding Officer Volume XXI Page 45