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1999-05-20 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held May 20, 1999 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 Reverend Mark Nymeyer of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Deputy Mayor: Robin Heinrichs, Presiding Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Absent: Mayor Gary Stevens KODIAK ISLAND BOROUGH Regular Assembly Meeting May 20, 1999 Pat Branson Wayne Stevens Greg Spalinger comprising a quorum of the Assembly; and Thomas J. Manninen, Manager Donna Smith, CMC /AAE, Clerk Patti Kirkpatrick, Assistant Clerk Linda Freed, Community Development Director Karl Short, Finance Director APPROVAL OF AGENDA ARNDT, moved to approve the seconded by STEVENS agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote Regular Assembly Meeting May 20, 1999 REGULAR MEETING APPROVAL OF AGENDA Volume XXV Page 72 APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of May 6, 1999. ARNDT, moved to approve the seconded by BRANSON minutes of May 6, 1999. VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Manager Manninen presented the Student of the Month Award to Rachel Smith, a senior at Kodiak High School. CITIZENS' COMMENTS Unanimous voice vote A. Agenda Items Not Scheduled For Public Hearing and General Comments. Mike Milligan appreciated the efforts extended by the Assembly during the budget process. He spoke in favor of funding non - profit organizations. He said non - profits provided needed services to the community and cautioned the Assembly that too much reduction would encumber the taxpayer's burden. Phil Cline, director of Providence Kodiak Island Hospital, presented a check in the amount of $420,613.21 to the Assembly for the Borough's portion of hospital profits. He acknowledged the support and cooperation of the manager and staff and attributed the hospital's success to the continued support of the Assembly. Pam Foreman, Director of Kodiak Island Convention and Visitors Bureau (KICVB), thanked the assembly for their continued support. She advised the bed tax made up 25% of KICVB budget. Local businesses were reporting a 20 percent increase over the same period Regular Assembly Meeting May 20, 1999 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS Volume XXV Page 73 as last year. She attributed the new visitor's guidebook and attending trade shows across the country as the tourism development tool. COMMITTEE REPORTS COMMITTEE REPORTS None. 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. Resolution No. 99 -15 Establishing the Minimum RESOLUTION Amount of Funds to be Made Available From Local NO. 99 -15 Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 1999 and Ending June 30, 2000. ARNDT, moved to adopt seconded by STEVENS Resolution No. 99 -15. Deputy Mayor Heinrichs opened the public hearing. Mike Milligan was concerned the assembly would try to buy their way out of the current budget crisis by taxing boats. He challenged the assembly to frame the debate on the budget in an easy to follow method that the community could understand. Alice Knowles, school board president, felt education was vital to the future of the community and asked the Assembly to support education in Kodiak. Betty Walters, superintendent of schools, stated there was nothing generous or additional in the school district budget. She urged the assembly to look at accomplishments in education programs over the past year for continued support of schools in the 21st century. Dave Jones, school district finance director, stated the budget presented was the result of a long detailed process. One new grant program would Regular Assembly Meeting May 20, 1999 Volume XXV Page 74 provide internet services to the villages with no local funding. The budget reflected no new programs. He recognized the Assembly's position and intended to work with the borough. Although use of fund balance dollars were one -time dollars, using the fund balance of $350,000 to meet the $756,009 deficit was discussed. With the attrition of two teachers, a $124,000 savings was realized. Meri Holden telephoned to say decreasing funding for schools would affect the community later when those students become adults and unable to function in society. She advised the school district included the community in their budget process and urged the Borough to do the same. Deputy Mayor Heinrichs closed the public hearing and reconvened the regular meeting. Assemblymember Arndt stated the school district was requesting level funding from the community through local appropriation. He did not support minimum funding for the school district. He advised a previous assembly had agreed to replace the school district's fund balance over a three year period, and felt the $500,000 cushion should be appropriated now rather than wait. ARNDT, seconded by SPALINGER Assemblymember Arndt explained that his proposal would add $100,000 in addition to the $500,000 cushion and changed MIS from $111,490 to $264,625. He added there would be a shortfall of $600,000 from the request. Regular Assembly Meeting May 20, 1999 moved to amend Resolution No. 99 -15 to change appropriation from $5,414,080 to $5,555,840; in -kind services from $692,835 to $845,970; delete cushion of $500,000 for an appropriation subtotal of $6,562,278. Volume XXV Page 75 Assemblymember Stevens appreciated Assemblymember Arndt's concern for school funding; however, given the uncertainty of revenue sources and the tax cap on the Borough's ability to raise funds to pay for services, including the school district, he felt the original resolution served the purpose of establishing the platform upon which to build. He did not want to short change Borough and school district funding by an amendment process. He thought the Assembly had been doing their job, given a significant amount of funding was going to disappear from a number of revenue sources and were prudent by not rushing into a situation where funding requests would not be met. Assemblymember Branson agreed it was important to remain steadfast because committed funding could not be reduced. She thanked Betty Walters for coming and presenting the school district's interest. Assemblymember Spalinger opposed the $500,000 cushion as the school district staff needed to know the commitment. Assemblymember Abell thought it was prudent to use a lesser number until the legislature decided on state funding levels. He agreed more funding was needed, but there was so many uncertain numbers. MOTION TO AMEND Ayes: Noes: Arndt, Spalinger Arndt, Bonney, Branson, Stevens, Heinrichs MOTION FAILED: 2 Ayes 5 Noes Because Assemblymember Bonney wanted to see the school district receive additional funding, he offered an amendment. Regular Assembly Meeting May 20, 1999 Volume XXV Page 76 BONNEY, seconded by ABELL Assemblymember Bonney felt this was a good compromise that would give the school district minimum funding until there was certainty in the numbers. In response to Assemblymember Arndt, Assemblymember Bonney clarified that the $250,000 would reduce the $500,000 cushion to $250,000. Assemblymember Branson appreciated the intent of the amendment; however, non - profits were facing decreased funding that also affected children. She thought the kinds of services to provide was not addressed. Assemblymember Arndt did not want to play games since the funds were available to pass on now. Assemblymember Stevens reiterated the legislature had not adjourned. He thought it was prudent to wait until the legislature adjourned before committing more than the minimum funding to the school district. VOTE ON MOTION TO AMEND Ayes: Bonney Noes: Arndt, Branson, Spalinger, Stevens, Abell, Heinrichs MOTION FAILED 1 Aye 6 Noes VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Stevens, Abell, Heinrichs Noes: Spalinger, Arndt MOTION CARRIED 5 Ayes 2 Noes Regular Assembly Meeting May 20, 1999 moved to amend Resolution No. 99 -15 to add $250,000 into the school district budget. Volume XXV Page 77 Deputy Mayor Heinrichs appreciated the efforts and contributions of the school district. He advised they would revisit the issue after the legislature adjourned. MESSAGES FROM THE BOROUGH MANAGER MESSAGES FROM THE MANAGER Manager Manninen reported that Kodiak received $15,997,276 capital improvement project funds. $11,000,000 for the Kodiak Rocket Launch project. The Borough received $743,000 for waste management and $126,770 in municipal matching grants for repair of the high school roof. He knew this was a difficult budget year and appreciated staff and school district's assistance and cooperation. Investments were paying off in the form of the check from Providence Kodiak Island Hospital, but other obligations were not being met. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Deputy Mayor Heinrichs thanked Providence Kodiak Island Hospital administrator Phil Cline for the check. He was proud to see the assembly, hospital administration and staff work together to making the hospital a promising and beneficial commodity. A letter was received from Representative Austerman indicating the 4 -dam pool had passed the house to discuss divestiture. Receiving $15,000,000 capital project grants from the state was a boost for the economy. OLD BUSINESS None. NEW BUSINESS A. BOARD OF ADJUSTMENT 1. An Appeal of the Planning and Zoning Commission's Decision on Case No. 99 -002 Regular Assembly Meeting May 20, 1999 OLD BUSINESS NEW BUSINESS BOARD OF ADJUSTMENT Volume XXV Page 78 Granting a Lot Size Variance According to K.I.B.C. 16.40.050.B.1 Allowing the Dividing of an Existing Non - Conforming Lot (ASLS 77 -33) of 4.82 Acres Into Two Lots (One 3.32 Acres, and the Other 1.5 Acres) Both of Which are Less Than the Minimum Five (5) Acres Required by K.I.B.C. 17.13.050.A in the C- Conservation Zoning District. Selief Bay, Raspberry Island. (Applicant: Greg R. Gabriel, Jr.) (Appellant: Peter and Baerbel Guttchen; Agent: Steven P. Gray, Attorney). Deputy Mayor Heinrichs recessed the regular meeting and convened the Board of Adjustment at 8:42 p.m. Community Development Director Linda Freed provided a history on the variance to allow the division of one lot. She provided the findings adopted by the planning and zoning commission supporting their decision to grant the variance. Peter Guttchen, appellant, provided a detailed history on the property where he owned a hunting and fishing lodge. He urged the assembly to grant the appeal to overturn the planning and zoning commission's decision. Greg Gabriel, Jr. stated this variance had been before the planing and zoning commission four times. He argued that the planning and zoning commission had acted properly and urged the assembly to uphold the planning and zoning commission's decision. Steven P. Gray, attorney for appellant, stated the lot could not be subdivided per borough code as it was a non - conforming lot. He also urged the assembly to grant the appeal to overturn the planning and zoning commission's decision. ARNDT, moved to meet in seconded by ABELL executive session. Regular Assembly Meeting May 20, 1999 Volume XXV Page 79 VOTE ON MOTION Ayes: Noes: Bonney MOTION CARRIED 6 Ayes 1 Noes From 9:15 p.m. to 9:26 p.m. the board met in executive session. ARNDT, moved to grant the appeal seconded by ABELL overturning the Planning and Zoning Commission's decision on Case No. 99- 002 Granting a Lot Size Variance According to K.I.B.C. 16.40.050.B.1 Allowing the Dividing of an Existing Non - Conforming Lot (ASLS 77- 33) of 4.82 Acres Into Two Lots (One 3.32 Acres, and the Other 1.5 Acres) Both of Which are Less Than the Minimum Five (5) Acres Required by K.I.B.C. 17.13.050.A in the C- Conservation Zoning District. Selief Bay, Raspberry island. Assemblymember Stevens said this was clearly an ownership issue that was not justification for a variance. Per borough code, non - conforming lots can not continue to be subdivided. Regular Assembly Meeting May 20, 1999 Branson, Spalinger, Stevens, Abell, Arndt, Heinrichs Volume XXV Page 80 VOTE ON MOTION TO GRANT APPEAL Ayes: Noes: None MOTION CARRIED Unanimous Spalinger, Stevens, Abell, Arndt, Bonney, Branson, Heinrichs BONNEY, moved to postpone the seconded by STEVENS findings of fact to June 3, 1999. VOTE ON MOTION TO POSTPONE FINDINGS OF FACT Ayes: Noes: MOTION CARRIED STEVENS, seconded by BRANSON Regular Assembly Meeting May 20, 1999 Stevens, Abell, Arndt, Bonney, Branson, Spalinger, Heinrichs None Unanimous Deputy Mayor Heinrichs adjourned the Board of Adjustment at 9:30 p.m. and reconvened the regular meeting after a ten minute recess. B. CONTRACTS CONTRACTS 1. Contract No. 98 -16A Amending Contract No. CONTRACT 98 -16 Kodiak Island Landfill Stage 1 NO. 98 -16A Closure Facilities. moved to amend Contract No. 98 -16A with A -K Construction Company of Kodiak in an amount not to exceed $101,643.61. Manager Manninen reported the monies would be used to remove the overburden of the waste stock pile. Volume XXV Page 81 Assemblymember Arndt was concerned with the change in the contract plans. He asked that future contracts be better planned to avoid expensive amendments. Assemblymember Abell said this changed the scope of the project put out for bid. VOTE ON MOTION TO AMEND Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Heinrichs Noes: Abell MOTION CARRIED 6 Ayes 1 Noes 2. Contract No. 99 -11 BMX Bike Trail Fence Project. BRANSON, seconded by ABELL VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED Regular Assembly Meeting May 20, 1999 moved to award Contract No. 99 -11 BMX Bike Trail Fence Project with Anderson Construction Company of Kodiak in an amount not to exceed $46,200. Manager Manninen reported the contract was for installing a fence at the BMX track, around the ballfield, and a dug out for the ballfield. Assemblymember Abell stated this was to have been done last year and he was glad to see the project moving towards completion. Arndt, Bonney, Branson, Spalinger, Stevens, Abell, Heinrichs None Unanimous CONTRACT NO. 99 -11 Volume XXV Page 82 Ayes: Noes: 3. Contract No. 99 -12 Environmental Controls CONTRACT Network System Support Agreements for the NO. 99 -12 Kodiak Island Borough School District, Kodiak Fisheries Research Center, and Providence Kodiak Island Medical Center. ARNDT, seconded by STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting May 20, 1999 moved to approve Contract No. 99 -12 Environmental Controls Network System Support with Control Contractors, Inc. of Anchorage in an amount not to exceed $35,219.00. Deputy Mayor Heinrichs thanked Chris Lynch, engineering /facilities department director, for her efforts on the project. Bonney, Branson, Spalinger, Stevens, Abell, Arndt, Heinrichs None Unanimous C. RESOLUTIONS RESOLUTIONS None. D. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 99 -10 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 1999 and Ending on the Thirtieth Day of June 2000 (2000 Fiscal Year Budget). Volume XXV Page 83 STEVENS, seconded by BRANSON Manager Manninen gave a brief overview of the borough budget ordinance. Assemblymember Arndt clarified that Woodland Acres Street Lighting Area had a zero mill rate for the current year because the fund balance was being used. Also Service Area No. 2 had no mill rate. Assemblymember Branson spoke of the time and energy put into the draft budget and hoped for final details within the next two weeks. She foresaw many changes occurring within the next two weeks. Assemblymember Arndt concurred. VOTE ON MOTION TO ADOPT Ayes: Noes: Arndt MOTION CARRIED 6 Ayes 1 No E. OTHER ITEMS OTHER ITEMS 1. Appointment of Borough Clerk. APPOINTMENT OF BOROUGH CLERK SPALINGER, seconded by ARNDT Regular Assembly Meeting May 20, 1999 moved to adopt Ordinance No. 99 -10 in first reading to advance to public hearing on June 3, 1999. Branson, Spalinger, Stevens, Abell, Bonney, Heinrichs moved to appoint Judith Nielsen as the Borough Clerk, pending contract negotiations, to be effective July 1, 1999. Volume XXV Page 84 MOTION TO APPOINT Ayes: Noes: None MOTION CARRIED Unanimous BONNEY, moved to advertise for seconded by ARNDT the Deputy Clerk position. MOTION TO ADVERTISE Ayes: Regular Assembly Meeting May 20, 1999 Spalinger, Stevens, Abell, Arndt, Bonney, Branson, Heinrichs Stevens, Abell, Arndt, Bonney, Branson, Spalinger, Heinrichs ADVERTISE FOR DEPUTY CLERK Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) INFORMATIONAL A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Service Area No. 1 Board Meeting of March 8, 1999. 2. Providence Kodiak Island Mental Health Center Advisory Board Meetings of February 23 and March 22, 1999. B. REPORTS REPORTS 1. Kodiak Island Borough School District Financial Reports for January and February, 1999. 2. Kodiak Island Borough March 1999 Financial Report. 3. Director's Report to the Providence Kodiak Island Mental Health Center Advisory Board for February 1999. Volume XXV Page 85 4. Kodiak Island Borough Personnel Update Report for May, 1999. C. OTHER OTHER 1. Kodiak Island Borough School District Regular Meeting of April 19 and Special Meeting of May 3, 1999 Summaries. CITIZEN'S COMMENTS Mike Milligan telephoned to express appreciation to the assembly for their efforts in the budget process. He thanked the assembly for presenting the amendments professionally and hoped the public appreciated their tough decisions. Betty Walters realized the Assembly's interest in schools and planned to continue to work closely with the borough. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Branson congratulated the hospital staff and board. She would strive to be fair and reasonable within budget deliberations. She appreciated the number of people involved in the school budget development, and Ms. Walters' positive comments. Assemblymember Stevens congratulated student of the month, Rachel Smith. He stated the partnership with Providence has been profitable and reminded the assembly that a portion of monies received needed to be applied to new equipment purchases. He reported the luncheon with Deputy Mayor Heinrichs and the Norwegian Ambassador and his wife went very well. Assemblymember Abell stated that the next two weeks would determine if there were funds available to spend on the school district. He said the lengthy discussions held on the management information systems department and the school district were not a reflection of what would happen over the next two weeks. Regular Assembly Meeting May 20, 1999 CITIZEN'S COMMENTS Volume XXV Page 86 Assemblymember Arndt requested a work session on Tuesday, June 1, to discuss the fiscal year 2000 budget. Deputy Mayor Heinrichs congratulated student of the month, Rachel Smith. He was pleased with the partnership with Providence. ANNOUNCEMENTS ANNOUNCEMENTS Deputy Mayor Heinrichs announced the Assembly would meet in a work session on Tuesday, May 25, and Thursday, May 27, at 7:30 p.m. in the Borough conference room, a special meeting on Tuesday, June 1 at 7:30 p.m., and a regular meeting on June 3 at 7:30 p.m. in the assembly chambers. ADJOURNMENT ADJOURNMENT There being no further business to come before the assembly, Deputy Mayor Heinrichs adjourn the meeting at 10:12 p.m. ATTEST: 1 1 - - - } e 7/ Y )l a / Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting May 20, 1999 Ga y Stevens M. or Approved: 06/03/99 Volume XXV Page 87