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1996-04-04 Regular MeetingRODIAR ISLAND BOROUGH Regular Assembly Meeting April 4, 1996 A regular meeting of the Kodiak Island Borough Assembly was held April 4, 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. The invocation was given by Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding John Burt Suzanne Hancock Robin Heinrichs Bob Johnson Jack McFarland Mike Milligan (arrived at 7:35 p.m.) comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, CMC /AAE, Clerk APPROVAL OP AGENDA HEINRICHS, moved - to approve seconded by McFARLAND the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OP MINUTES A. Kodiak Island Borough Assembly Meeting of March 21, 1996. JOHNSON, seconded by HEINRICHS VOTE ON MOTION TO APPROVE MOTION CA1(KiP:D Regular Assembly Meeting April 4, 1996 moved to approve the minutes of March 21, 1996. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXI Page 83 AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Cisco Penamora, Rehabilitation Technician with the Mental Health Center Community Support Program. Assemblymember Milligan arrived at 7:35 p.m. B. Presentation Mayor Selby presented Borough Clerk Donna Smith with a plaque on her attainment of Academy for Advanced Education membership in the International Institute of Municipal Clerks. CITIZENS' COMMENTS C)key Chandler wanted all people to receive equal consideration but users of Anton Larsen Road had not received equal consideration since the tidal wave. He asked that a question be placed on a ballot to district and maintain the road year-around. He asked that letters be sent to the governor requesting the hire of one employee to maintain the road and keep it open. He said it was kept open to the ski chalet. He wanted the road to be comparable to Chiniak Highway. He noted 43 families used the road and there would be more if the road were open year- round. Cheryl McNeil recalled a recent meeting with the school district where concern expressed was based on information that several assemblymembers felt sixth grade students should not be at Kodiak Middle School. She said a large group of parents felt their sixth grade students were thriving at the middle school with the positive things being done for the children. COMMITTEE REPORTS ClarAnr.e ,4etig, Planning and Zoning Commissioner, reported the Commission would address four issues: (1) non - conforming code section; (2) changes to Zoning code for fish gear storage; (1 ) rezone of borough -owned lands in the Horseshoe Lake area adjacent to Selief Lane;, and (4) a work session on May 17 in Larsen Bay to become familiar with the tax foreclosed properties. In response to Assemblymember Burt, Mayor Selby said boards and commissions could hold executive sessions Regular Assembly Meeting April 4, 1996 AWARDS AND PRESENTATIC EMPLOYEE OF THE MONTH CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXI Page 84 for only three reasons; legal items, personnel items, or items of financial impact to the Borough. Jeff Knauf, Planning and Zoning Commission chair, was pleased that executive sessions were an option. He said an executive session would have been beneficial during the Alaska Aerospace Development Corporation discussion. Presiding Officer Stevens suggested Mr. Knauf meet with the borough clerk for the proper procedures. Assemblymember Hancock reported the Solid Waste Task Force met during March and formed three subgroups that would meet in April to discuss waste oil, the baler /landfill, recycling and public information and report to the Task Force in May. She was pleased with the group's work and continued interest. Assemblymember Johnson noted that Assemblymembers Burt and Milligan, Margaret Roberts and Mayett Morein volunteered to serve on the Town Meeting Steering Committee. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby said the Task Force report identified ten items. He commended the baler /landfill staff for recognition by the Department of Environmental Conservation for operating the most efficient landfill in the state. He urged the Assembly to support Senator Torgerson's Safe Communities Bill while they were in Juneau. In response to the Parent's Task Force, he initiated a State trooper law enforcement consultant to come to Kodiak. He reported that discussion at the joint assembly /council work session would center on ways to improve patrol outside the city limits. He said the consultant would schedule meetings with Bells Flats and Chiniak residents in addition to the community meeting tentatively scheduled on April 24. He reported the title transfer of Shuyak Island to the State of Alaska was complete and $8 million was banked and drawing interest. He said another payment would be received in October and each subsequent October for six years. He thanked the law firm of Jamin, Ebell, Bolger, and Gentry for outstanding Regular Assembly Meeting April 4, 1996 PUBLIC HEARING Volume XXI Page 85 work, and Pat Carlson, Bud Cassidy and Karl Short for working with six different agencies simultaneously. He announced that Senator Stevens would participate in the NIRF ground breaking ceremony and the governor was invited. He reported progress on the contract for architectural services with site work slated to begin in the fall. He said the sale of bonds and lease confirmations prior to next spring would allow construction to begin in spring. He said that although the governor did not support Lease Sale 149 and preferred opening ANWR, the Minerals Management Service would make the decision. He submitted the proposed contact agenda for AML Legislative Committee meetings this month and ask &d for additional contact requests. He requested a meeting with the governor during AML. Assemblymember McFarland requested a meeting with Marine Highway System staff. Assemblymember Milligan requested a meeting with Annalee McConnell of the Office of Management and Budget on hospital funding. He referred to Brad Gilman's report on the Magnusen Act reauthorization that identified all major components in the bill. He would request more detail on specific sections if the Assembly was interested. He felt the most significant addition from the Borough was the new national standard policy on implementing new policies and additional IFQs. He anticipated additional attempts to amend the bill when it was before the Senate. He commended Brad Gilman and Senator Steven's and Representative Young's staff for their work on the reauthorization. He reported that the budget document would be submitted to the assembly next week and the school district's local appropriation request would be on the next regular meeting agenda. He emphasized there was no tax increase but there was a need for policy direction as the school board adopted a request for a $250,000 increase that equaled a 3/10 mil increase and, in addition, $185,000 out of balance on the rest of the Borough budget. He said dwindling state revenues and inflation impacts to the foundation formula over six years impacted municipality budgets statewide. In response to Assemblymember Milligan, Mayor Selby outlined the process of using the Assembly's goals and objectives in developing the budget. Regular Assembly Meeting April 4, 1996 Volume XXI Page 86 Assemblymember Milligan remembered that school superintendent Bruce Johnson alluded to a change in the foundation funding cap and asked how that affected the Borough. Mayor Selby thought it would depend on the window of the cap. He spoke to the complicating factor of what was taxed and exemptions. He remarked that since there had not been a bill in the legislature, it would be three to five years through the court system before there would be changes. He reiterated that the foundation formula had no inflationary increases when costs have increased for six years. Assemblymember Milligan asked if any items in the school district budget had increased significantly. Mayor Selby said 85% of the school district budget was wages and benefits for professional staff. He reiterated that was a $450,000 yearly increase when the foundation formula unit stayed the same. In response to Assemblymember Burt, Mayor Selby explained that the school district budget increased about 1/2 mils per year. He added that if Borough contributions exceeded the cap, funding would be lost dollar for dollar. OLD BUSINESS None. NEW BUSINESS A. AWARDS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 96 -04 Rezoning Lots 14, 14A, 14B, and 15 (Proposed Lot 15A), Block 3, Leite Addition From R1 -- Single Family Residential IQ R2 - -Two Family Residential. (1619 Mission Road) Presented for consideration was Ordinance No. 96 -04 that, if adopted, rezoned property consistent with objectives of the Comprehensive Plan which designates the area as medium and high density residential. Regular Assembly Meeting April 4, 1996 OLD BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -04 Volume XXI Page 87 McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO ADVANCE Ayes: Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS JOHNSON, seconded by HEINRICHS Regular Assembly Meeting April 4, 1996 moved to advance Ordinance No. 96 -04 to public hearing on April 23, 1996. Assemblymember Heinrichs was concerned that the property was in the middle of an R -1 zoning district. He suggested the Planning and Zoning Commission use the areawide land use plan to avoid spot zoning. At the request of Mayor Selby, Bob Scholze, Community Development Department associate planner, responded that it was a special circumstance and the Commission intended to explore a rezone of the entire block to be consistent with the land use plan. Assemblymember Heinrichs understood the special circumstance but was uncomfortable with the patchwork process in rezoning. He wanted direction given to use the area land use plan. Mr. Scholze reported that those concerns were the same expressed by staff. Following discussion of the process to give direction to the Commission, it was suggested that an amendment to the ordinance be made at the public hearing. Burt, .Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens 1. Vacation of the Twenty Foot (20') Wide Utility Easement Along the Rear Lot Line of Lot 6, Block 9, Woodland Acres Subdivision 5th Addition. (3547 Sharatin Road and 300 Teal Way) moved to approve the vacation of a twenty- foot (20') wide utility easement along the rear lot line of Lot 6, Block 9, Woodland Acres Subdivision 5th Addition (3547 Sharatin Road and 300 Teal Way). OTHER ITEMS VACATION Volume XXI Page 88 At questions about vacating easements among other lots, Mayor Selby summarized the possibilities of placing some utilities in some of the easements. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous 2. Architectural Review Board /Building Code Board of Appeals Member Resignation. MILLIGAN, seconded by McFARLAND Presiding Officer resignation. VOTE ON MOTION Ayes: Noes: MOTION CARRIED 3. Airport JOHNSON, seconded by MILLIGAN Presiding Officer Stevens letter of resignation. VOTE ON MOTION Ayes: Regular Assembly Meeting April 4, 1996 Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens read Mr. Schleiffer's Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs, Stevens moved to accept, with regret, the resignation of R. Scott Bonney from the Architectural Review Board /Building Code Board of Appeals. Stevens read Mr. Bonney's letter of Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens None Unanimous Advisory Board Member Resignation. moved to accept, with regret, the resignation of Scott C. Schleiffer from the Airport Advisory Board. ARCHITECTURAL REVIEW BOARD RESIGNATION AIRPORT ADVISORY COMMITTEE RESIGNATION Volume XXI Page 89 Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. B. MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board Meeting of February 21, 1996. 2. Womens Bay Service Area Board Meetings of November 6, 1995 and March 4, 1996. 3. Fire Protection Area No. 1 Board Meeting of October 31, 1995. REPORTS 1. Kodiak Island Borough School District January and February 1996 Financial Reports. 2. Kodiak Island Borough March 1996 Financial Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan appreciated input on the school district budget. He sent condolences to the families of two fishermen in Old Harbor who died this day. Assemblymember McFarland also extended condolences to the families in Old Harbor. At his questions about the NIRF building construction and lease negotiations, Mayor Selby said he planned to have the leases in place by the end of 1996 prior to committing to building construction as the two were tied together in that the leases had to be in place before selling bonds. He added that lonao language was being developed and he expected confirmation on state leases this summer. Assemblymember McFarland credited Mayor Selby and staff for the $38 million permanent fund established as a result of the Shuyak Island sale. Regular Assembly Meeting April 4, 1996 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XX[ Page 90 In response to Assemblymember Burt, Mayor Selby explained the schematic design and tentative square footage for the various functions in the NIRF building. He said the possible tenants identified needs and would be involved in the final construction drawings. Assemblymember Johnson gave kudos to Mayor Selby on the landfill and echoed Assemblymember McFarland'4, kudos on Shuyak Island and the NIRF building. He congratulated Cisco as Employee -of- the - Month. He wanted to receive public comments on the budget. Assemblymember Hancock understood the need was to raise the mil rate or reduce costs. She asked for public input. Assemblymember Heinrichs was impressed with the Kodiak Visitor's and Convention Bureau brochure that put Kodiak in a positive light. Presiding Officer Stevens announced the assembly would meet in work session at 7:30 p.m. on Thursday, April 11 in the conference room and regular meeting at 7:30 p.m. on Tuesday, April 23 in the assembly chambers. Assemblymember Johnson asked that people interested in serving on the Town Meeting Steering Committee contact him. Assemblymember McFarland thanked "Crusty Old Joe" Stevens for rescuing his daughter Molly. He also recognized Coast Guardsman Dustin Larsen for rescuing two others. He appreciated the good Samaritan acts. Assemblymember Johnson admired Okey Chandler for attending the meeting. BURT moved to adjourn. ADJOURNMENT seconded by MILLIGAN VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote Regular Assembly Meeting April 4, 1996 Volume XXI Page 91 There being no further business to come before the Assembly, the meeting adjourned at 8:52 p.m. ATTEST: CL ‘1" ) :• n il 1 u e % Donna F. Smith, CMC /AAE Borough Clerk Approved: 04 /23/96 Regular Assembly Meeting April4, 1996 Ga I;. tevens Pr sidi g Officer Volume XXI Page 92