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2004-03-18 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting March 18, 2004 A regular meeting of the Kodiak Island Borough Assembly was held March 18, 2004 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 Larry Cornett of the Church of the Nazarene, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Tuck Bonney, Robin Heinrichs, Cecil Ranney, and Nancy Wells. Staff present were Administrative Official Bud Cassidy, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. HEINRICHS moved to excuse Assemblymembers Pat Branson and Wayne Stevens, seconded by ABELL VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA BONNEY moved to approve the agenda, seconded by WELLS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of February 26, 2004. BONNEY moved to approve the minutes as submitted, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS - None CITIZENS' COMMENTS Brianna Donohue, Kodiak Girl Scouts member, thanked the Assembly for their support and distributed cookies to the Assembly Evelyn Mortimer, Senior Citizens of Kodiak, Inc. Board member, thanked the Assembly for their continued support. She gave an update on the current services provided and activities at the Center. She thanked their Director, Assemblymember Branson, and the Center's staff for their caring and wonderful service to the seniors of Kodiak. Norm Sutliff asked the Assembly for an opportunity to present a Mission Lake Tide Gate report at a future work session. He asked that the presentation be added as an agenda item. COMMITTEE REPORTS Assemblymember Heinrichs reported the In -kind Committee would review the final draft of their report on March 22 and hoped to present the final report to the Assembly on March 23. Kodiak Island Borough March 18, 2004 Volume XXIX Page 23 PUBLIC HEARING A. Ordinance No. 2003 -10A Amending Ordinance No. 2003 -10 2004 Fiscal Year Budget to Reflect Amendments. BONNEY moved to adopt Ordinance No. 2003 -10A, seconded by HEINRICHS Administrative Official Cassidy said this would formally adjust the budget to reflect actual revenues and expenditures. Mayor LeDoux opened the public hearing, hearing and seeing none, she closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Heinrichs, Ranney, Wells B. Ordinance No. 2004 -01 Rezoning 3 Portions of U.S. Survey 2538A &B Which are Intended to Be Incorporated Into Proposed Tracts B -1 and B -2, U.S. Survey 2538A &B, From C- Conservation To R -3 Multi - family Residential. (P &Z Case 03 -022). WELLS moved to adopt Ordinance No. 2004 -01, seconded by HEINRICHS Administrative Official Cassidy said this rezone request was intended to clear up several zoning and platting issues. HEINRICHS moved to amend Ordinance No. 2004 -01 by substitution, seconded by BONNEY (Clerk's note: The substituted version corrected the title FROM: From C- Conservation To PL- Public Use Land TO: From C- Conservation To R -3 Multi- family Residential) ROLL CALL VOTE ON MOTION TO AMEND CARRIED: Bonney, Heinrichs, Ranney, Wells, Abell Mayor LeDoux opened the public hearing. Hearing and seeing none, she closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED: Heinrichs, Ranney, Wells, Abell, Bonney C. Ordinance No. 2004 -02 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.01 Fiscal Policy Section 3.01.030 Debt Policies Chapter 3.12 Appropriation and Levy Section 3.12.010 Ordinance Enactment Section 3.12.030 Acceptance and Appropriation of Grant Funds and Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures Section 3.16.020 Limitation on Manager's Authority Section 3.16.040 Advertising Section 3.16.050 Processing. HEINRICHS moved to adopt Ordinance No. 2004 -02, seconded by BONNEY Administrative Official Cassidy said this would raise the limit of debt service expenditures to 20 percent, and would change fund and department structure as the format was outdated. This also increased the Manager's purchasing authority from $15,000 to $25,000 to keep pace with inflation. Mayor LeDoux opened public hearing. Kodiak Island Borough Volume XXIX March 18, 2004 Page 24 Scott Arndt wondered why it was necessary to raise the limit of debt service expenditures. Mayor Ledoux closed the public hearing. Assemblymember Wells asked if it sell the bonds to raise the limit or if this was to accommodate a process WELLS moved to postpone Ordinance No. 2004 -02 to the next special meeting, seconded by ABELL. Mayor Ledoux recessed the meeting at 7:55 p.m. and reconvened the meeting at 8:02 p.m. ROLL CALL VOTE ON MOTION TO POSTPONE TO THE NEXT SPECIAL MEETING: Ayes: Ranney, Wells, Abell, Bonney; No: Heinrichs D. Ordinance No. 2004 -03 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not To Exceed $2,765,000 to Finance the Planning, Design and Construction of School and Related Capital Improvements, Including Without Limitation Kodiak Middle School Concrete Repair; Larsen Bay School Floor Repair; Kodiak High School Asbestos Removal, Floor Covering and Pool Space Reclamation; District Wide Floor Covering Replacement; and Evacuation Center Earthquake Evaluation; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the April 20, 2004 Special Borough Election. HEINRICHS moved to adopt Ordinance No. 2004 -03, seconded by BONNEY Adinitratie Official onmthesAprilv20, 2004 Special d Election h ballot l for c voter l approval. There question no fiscal note as it was presumed to be revenue neutral in that the ballot was for general obligation debt outside of the revenue cap and carried a mill levy with it subject to Assembly approval in the annual budget. BONNEY moved to amend Ordinance No. 2004 -03 by substitution, seconded by HEINRICHS (Clerk's addendum to substituted projectntitles or titles in the ordinance). ROLL CALL VOTE ON MOTION TO AMEND CARRIED: Wells, Abell, Bonney, Heinrichs, Ranney Mayor Ledoux opened the public hearing. Rob Lindsey called asking for an explanation about the evacuation center earthquake evaluation included in the proposition. Administrative Official Cassidy explained the need to hire an engineer to evaluate the buildings and bring them up to required seismic codes. Scott Arndt said the Shuyak fund was set aside to pay for repairs and maintenance to facilities. He said it was inappropriate to bond 20 years for maintenance that would not last that long. Kodiak Island Borough March 18, 2004 Volume XXIX Page 25 Mayor LeDoux closed the public hearing. Assemblymember Abell agreed with Mr. Arndt; however, he felt it was necessary to take advantage of the 60 to 70% reimbursement from the State. Assemblymember Wells said most Borough facilities were engineered 25 years ago and it was time to see if they could withstand a large earthquake. ROLL CALL VOTE ON MOTION CARRIED: Abell, Bonney, Heinrichs, Ranney, Wells E. Ordinance No. 2004 -04 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not To Exceed $7,185,000 to Finance the Planning, Design and Construction of School and Related Capital Improvements, Including Without Limitation Kodiak High School Heating and Ventilation Upgrades; East School Heating and Ventilation Upgrades; Kodiak High School Exterior Insulation and Window Replacement; Kodiak High School and Middle School Roof Repairs; Old Harbor Gym /Voc -Ed Renovation; Ouzinkie Gym Renovation; and Learning Center Renovation; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the April 20, 2004 Special Borough Election. ABELL moved to adopt Ordinance No. 2004 -04, seconded by HEINRICHS Administrative Official Cassidy said this ordinance would place the question on the April 20, 2004 Special Election for voter approval. There was not a fiscal note as it was presumed to be revenue neutral in that the ballot was for general obligation debt outside of the revenue cap and carries a mill levy with it subject to Assembly approval in the annual budget. WELLS moved to amend Ordinance No. 2004 -04 by substitution, seconded by HEINRICHS (Clerk's note: The substituted version corrected the project titles in the addendum to coincide with the project titles in the ordinance). ROLL CALL VOTE ON MOTION TO AMEND CARRIED: Abell, Bonney, Heinrichs, Ranney, Wells Mayor LeDoux opened the public hearing. Scott Arndt agreed the first four projects in the proposition could be classified in the energy /renovation category and disagreed on the last three. He was concerned this would burden the next generation of tax payers. Mayor LeDoux closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED: Bonney, Heinrichs, Ranney, Wells, Abell F. Ordinance No. 2004 -05 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not To Exceed $13,730,000 to Finance the Planning, Design and Construction of School and Related Capital Improvements, Including Without Limitation the Kodiak High School Vocation Technology Center Renovation; Kodiak High School Classroom Addition; and North Star Elementary School Classroom Addition; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the April 20, 2004 Special Borough Election. Kodiak Island Borough March 18, 2004 Volume XXIX Page 26 WELLS moved to adopt Ordinance No. 2004-05, seconded by HEINRICHS Administrative Official Cassidy said this ordinance would place the question on the April 20, 2004 Special Election for voter approval. There was not a fiscal note created as it was presumed to be revenue neutral in that the ballot was for general obligation debt outside of the revenue cap and carried a mill levy with it subject to Assembly approval in the annual budget. HEINRICHS moved to amend Ordinance No. 2004 -05 by substitution, seconded by BONNEY (Clerk's note: The substituted version corrected the project titles in the addendum to coincide with the project titles in the ordinance). ROLL CALL VOTE ON MOTION TO AMEND CARRIED: Heinrichs, Ranney, Wells, Abell, Bonney Mayor LeDoux opened the public hearing. Rob Lindsey phoned and asked why there was an urgency of submitting these bonds to the voters. Administrative Official Cassidy explained there was a time frame given by the Department of Education that needed to be met. Tanya Linsey phoned opposing new facilities because of the shrinking demographics in Kodiak. She proposed maintaining the absolute necessities. Scott Arndt said it was inappropriate to build new facilities when the aspect of operation and maintenance had not been dealt with. Mayor LeDoux closed the public hearing. Assemblymember Wells thanked Mr. Arndt for his comments but noted that the propositions went through an extensive process. She wanted to present this to the voters and let them educate themselves and make the final decision. Assemblymember Abell agreed that the propositions were a product of extensive discussion and he looked forward to what the voters had to say. ROLL CALL VOTE ON MOTION CARRIED: Ranney, Wells, Abell, Bonney, Heinrichs G. Ordinance No. 2004 -06 Authorizing the Borough to Issue General Obligation Bonds in the Principal Amount of Not To Exceed $8,630,000 to Finance the Planning, Design and Construction of School and Related Capital Improvements, Including Without Limitation a New School Aquatic Facility; and to Submit the Question of the Issuance of Such Bonds to the Qualified Voters of the Borough at the April 20, 2004 Special Borough Election. HEINRICHS moved to adopt Ordinance No. 2004 -06, seconded by BONNEY Administrative Official Cassidy said the State would pay 30% which was a portion of the School District's allocation of use of the pool. BONNEY moved to amend Ordinance No. 2004 -06 by substitution, seconded by HEINRICHS Kodiak Island Borough Volume XXIX March 18, 2004 Page 27 (Clerk's note: The substituted version corrected the project titles in the addendum to coincide with the project titles in the ordinance). ROLL CALL VOTE ON MOTION TO AMEND CARRIED: Wells, Abell, Bonney, Heinrichs, Ranney Mayor LeDoux opened the public hearing. Tonya Lindsey phoned and said an alternative should be sought for the pool to bring it up to State and Federal standards. Scott Arndt saw no need to complete all new construction at once as the State usually provided bonding every six to seven years. He said the focus should be to fund the operation and maintenance of Borough facilities. Dawn Black phoned to say that the bonds would cause excessive taxes and a financial burden to her as a landlord and for low income housing owners. Jim Willis supported this ordinance since it came out to be the best option in the survey. Mayor LeDoux closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED: Abell, Bonney, Heinrichs, Ranney, Wells BOROUGH MANAGER'S REPORT Administrative Official Cassidy said a power point presentation on the pool was available on the Borough Web Page and copies of the comparison of options and enterprise plans were available in the Clerk's Office. Mayor Ledoux recessed the meeting at 9:01 p.m. and reconvened the meeting at 9:08 p.m. MESSAGES FROM THE BOROUGH MAYOR Mayor Ledoux thanked those who testified. She asked the Clerk to draft a resolution requesting Exxon Mobile Corporation to pay claimants for court - ordered damages resulting from the Exxon Valdez Oil Spill for the Assembly's consideration next week. She suggested the Assembly consider changing the policy to receive their agenda packets before the work sessions. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS - None C. ORDINANCES FOR INTRODUCTION - None D. OTHER ITEMS 1. Confirmation of Mayoral Appointment to the Architectural/ Engineering Review Board. Kodiak Island Borough Volume XXIX March 18, 2004 Page 28 Mayor LeDoux announced her appointment of Brent Watkins. HEINRICHS moved to confirm the mayoral appointment of Brent Watkins to a seat on the Architectural /Engineering Review Board for a term to expire December 31, 2004, seconded by BONNEY ROLL CALL VOTE ON MOTION CARRIED: Bonney, Heinrichs, Ranney, Wells, Abell 2. Confirmation of Mayoral Appointment to the Architectural /Engineering Review Board. Mayor Ledoux announced her appointment of Charlie Jerling. HEINRICHS moved to confirm the mayoral appointment of Charlie Jerling to a seat on the Architectural /Engineering Review Board for a term to expire December 31, 2006, seconded by Bonney ROLL CALL VOTE ON MOTION CARRIED: Heinrichs., Ranney, Wells, Abell, Bonney 3. Confirmation of Mayoral Appointment to the Architectural /Engineering Review Board. Mayor LeDoux announced her appointment of Scott Arndt. BONNEY moved to confirm the mayoral appointment of Scott Arndt to a seat on the Architectural /Engineering Review Board for a term to expire December 31, 2006, seconded by HEINRICHS ROLL CALL VOTE ON MOTION CARRIED: Ranney, Wells, Abell, Bonney, Heinrichs CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Ranney looked forward to a lively discussion on the bonds. He encouraged everyone to become informed and vote on April 20. Assemblymember Abell anticipated discussion on the possibility of a mill rate increase during the budget process. He urged those who had questions about the bond issues to call the Assembly. Assemblymember Wells appreciated the comments and encouraged everyone to vote. Assemblymember Bonney said the Assembly was able to maintain the mill rate the past few years. He said there were going to be a tax raise from the State at 4 %; he said he would rather see that kept in town and used to fund the short falls in the municipality. Assemblymember Heinrichs said the Bond Committee did the best job they could to set the propositions before the public. He hoped for an honest, full, and informed debate. Kodiak Island Borough Volume XXIX March 18, 2004 Page 29 ADJOURNMENT With no objection, she adjourned the meeting at 9:24 p.m. ATTEST: udith A. Nielsen' Gabriel ee &ux, Mayor r Approved: 05/06/2004 Kodiak Island Borough Volume XXIX March 18, 2004 Page 30