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2006-02-16 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held February 16, 2006 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assemblymembers Pat Branson, Sue Jeffrey, Cecil Ranney, Mel Stephens, and Barbara Williams. Absent were Tom Abell and Reed Oswalt. Staff present were Manager Rick Gifford, Engineering and Facilities Director Bud Cassidy, Finance Director Karl Short, Clerk Judi Nielsen, and Deputy Clerk Nova Javier. BRANSON moved to excuse Assemblymembers Abell and Oswalt, seconded by STEPHENS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA WILLIAMS moved to approve the agenda, seconded by BRANSON VOICE.VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of January 19, 2006. BRANSON moved to approve the minutes as submitted, seconded by WILLIAMS Assemblymember Branson corrected the spelling of Sergeant Mayor to Sergeant Major on page 1 and asked Clerk Nielsen to verify whether Assemblymember Abell's motion to amend Resolution No. FY2006 -24 on page 4 was to increase the amount to $5,300,000. VOICE VOTE ON MOTION TO APPROVE THE MINUTES AS CORRECTED CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. Student of the Month Mayor Selby presented the Student of the Month Award for February 2006 to Katherine Pascua, a senior at Kodiak High School. B. Employee of the Year Award Manager Gifford presented the 2005 Employee of the Year Award to Cassandra Juenger, Revenue Accountant in the Finance Department. CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Regular Assembly Meeting February 16, 2006 Al Burch was pleased to serve on the Prince William Sound Regional Citizens' Advisory Council and expressed his desire to continue serving. Kodiak Island Borough Volume XXIX February 16, 2006 Page 233 COMMITTEE REPORTS A. Seismic Vulnerability Presentation Structural Engineer John Eidinger and Economist Ken Goettel of Goettel and Associates, Inc. reported that the final report and the application for the FEMA grant were submitted. In response to Assemblymember Stephens, the most expensive seismic repair was for the middle school and funds would be requested for that from FEMA. In response to Assemblymember Branson, it was noted that the process was to review and rank the grant applications. PUBLIC HEARING A. Ordinance No. FY2006 -07 Rezoning US Survey 3471 Lot 1 FROM RR -1 Rural Residential One Zoning TO RNC -Rural Neighborhood Commercial. (P &Z Case 03 -020) JEFFREY moved to adopt Ordinance No. FY2006 -07, seconded by BRANSON Manager Gifford said the Planning and Zoning Commission recommended approval of this rezone to allow greater flexibility in developing the lot. Assemblymember Stephens was concerned about the language in Section 3. James'VanAtta, rezone applicant, said he wanted access to the house on the top portion of the property. Mayor Selby opened the public hearing; hearing and seeing none, he reconvened the regular meeting. STEPHENS moved to amend Ordinance No. FY2006 -07 by deleting Section 3, seconded by BRANSON Assemblymember Stephens said Section 3 contained a condition not related to rezoning the property. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Ranney, Stephens, Williams ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Jeffrey, Ranney, Stephens, Williams, Branson B. Proposed Woodland Acres Paving Assessment District. Manager Gifford said property owners submitted• a petition to the Clerk in December 2002 to establish the Paving Assessment District. The Assembly held a public hearing in April 2003 and directed the manager to prepare a resolution for the project; however, no subsequent action was taken. He said there was a need to initiate the assessment district prior to public hearing. BRANSON moved to suspend the rules to take action on Resolution No. FY2006- 28, seconded by STEPHENS ROLL CALL VOTE ON MOTION TO SUSPEND CARRIED UNANIMOUSLY: Ranney, Stephens, Williams, Branson, Jeffrey Kodiak Island Borough Volume XXIX February 16, 2006 Page 234 Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way. JEFFREY moved to adopt Resolution No. FY2006 -28, seconded by WILLIAMS Manager Gifford encouraged the Assembly to adopt the resolution as property owners indicated they still wanted the roads paved. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Stephens, Williams, Branson, Jeffrey, Ranney Proposed Woodland Acres Paving Assessment District. Mayor Selby opened the public hearing. Peggy Tuttle supported the paving project, was concerned about time lost, and wondered if Service Area No. 1 funds could be used to pay for engineering. Mike Nugent hoped that grants could be secured to pay for the project. David Horn felt paving would save plowing costs and thought the assessment should be on a per lot value basis. Robert Johnson was concerned about the cost to property owners. Heather Parker supported the paving project. Brad Troth felt that most property owners wanted paving. Bonnie Troth urged the Assembly to pave the roads. Julie Coyle urged the Assembly to pave the roads. Christine Greenstreet said many property owners wanted paving and she urged the Assembly to move forward. Tim Motis wanted a guard rail on Puffin Drive and all work done correctly. Dah Rohrer wanted the roads paved and assessed fairly and equitably. Matt Corrier wanted the assessment to be equal to all property owners. Dan Farmer urged the Assembly to move forward with the paving. Ed Coe said this was throw -away paving unless drainage was addressed and curbs and gutters were considered. Kiela Pickett hoped the Borough would cover their own portion of the cost of the project. Michelle Powell wanted paving and a fair and equitable assessment. Scott Greenstreet said curbs and gutters would triple the cost. Mayor Selby closed the public hearing and reconvened the regular meeting. After a ten minute recess at 9:20 p.m., Mayor Selby reconvened the regular meeting. Kodiak Island Borough Volume XXIX February 16, 2006 Page 235 BOROUGH MANAGER'S REPORT Manager Gifford said the North Star Review Committee reviewed proposals for the school traffic circulation and pedestrian paths project. Two firms would be interviewed the week of February 20 with a recommendation forthcoming. The Comprehensive Plan Consultants visited various communities and stakeholders over the last two weeks. He thanked all who participated. He thanked those elected officials for attending the Emergency Management Training session. He attended the Incident Command staff training and said additional emergency management training was scheduled. Prochaska & Associates Inc.'s hospital master plan, that would better utilize space for the Kodiak Community Health Center, was near completion. The Plan would be presented at a special work session on Tuesday, March 7, 2006. The Assembly would travel to Juneau for the legislative reception and to meet with legislators. Lobbyist Mark Hickey was scheduling the meetings. He provided the FY 2007 budget calendar and a summary of the budget process. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby traveled to Juneau to attend the AML board meetings and returned with positive information that the Department of Transportation would move ahead with the Otmeloi Drive design work, cost, and construction. The Department of Fish and Game was positive about the Near Island facility. He would participate in ComFish in March. UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District and Authorizing Staff to Determine the Approximate Cost to Pave the Roads Within the District. WILLIAMS moved to adopt Resolution No. FY2006 -29, seconded by BRANSON Manager Gifford said this would allow the Borough to proceed with hiring an engineer to determine the approximate cost to pave the roads. There would be future meetings with the Service Area No. 1 Board, residents, and the Assembly. Stephens moved to amend Resolution No. FY2006 -29 in the sixth Whereas to replace "4.40.140(E)" with "4.40.140(D) ", seconded by BRANSON Assemblymember Stephens felt an allocation of costs based on a per -lot basis was stronger legally than based on a per -lot value. Manager Gifford said the per lot allocation did not recognize duplexes that would have more traffic. The Anderson lot was not included in the district. Kodiak Island Borough Volume XXIX February 16, 2006 Page 236 Mayor Selby noted that this was for design work at $140 per lot. ROLL CALL VOTE ON MOTION TO AMEND FAILED: Ayes: Williams, Stephens; Noes: Branson, Jeffrey, Ranney Assemblymember Branson said it was not fair that a property was exempt. There was general discussion to move forward with the engineering and work with the Board and residents to continue with the paving project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Ranney, Stephens, Williams, 2. Resolution No. FY2006 -30 Supporting the Draft Revision to the Kodiak Island Borough's Coastal Management Plan. WILLIAMS moved to adopt Resolution No. FY2006 -30, seconded by BRANSON Manager Gifford said the revised plan would guide the Borough's participating in the ACMP, a state program for the cooperative management of coastal uses and activities. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Ranney, Stephens, Williams, Branson C. ORDINANCES FOR INTRODUCTION 1: Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — budget Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund. JEFFREY moved to adopt Ordinance No. FY2006 -06 in first reading to advance to public hearing on March 2, 2006, seconded by BRANSON Manager Gifford said this would allow the Borough finance director to invest the Borough's funds in a broader class of investments. Assemblymember Stephens was concerned that hiring a money manager would be expensive when generally, over the past years, the finance director has done very well with investments. Assemblymember Branson saw this as a tool to improve the Borough's financial situation. She hoped to advance the ordinance to public hearing. Assemblymember Ranney said hiring a money manager was optional and even a one percent increase in interest earnings would be substantial. He thought this was conservative and wanted the best bargain for the public's money. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: (Ayes) Ranney, Branson, Jeffrey; (Noes) Stephens, Williams D. OTHER ITEMS 1. Confirmation of Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). Kodiak Island Borough Volume XXIX February 16, 2006 Page 237 RANNEY moved to confirm the mayoral appointment of Al Burch to the Prince William Sound Regional Citizens' Advisory Council for a two year term to expire March 2008, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Branson, Jeffrey, Ranney CITIZEN'S COMMENTS Dan Rohrer appreciated the need to move forward with the paving project and volunteered his time to help write the resolution. Christine Greenstreet thanked the Assembly for their interest in the paving project. Julie Coyle thanked the Assembly for moving forward with the paving project. Al Burch thanked the Assembly for confirming his appointment to the PWSRCAC. ASSEMBLYMEMBER COMMENTS Assemblymember Branson said she and Assemblymembers Jeffrey and Williams would review the non - profit application for presentation to the Assembly at the February 23 work session. Assemblymember Stephens requested an approximate total assessed valuation compared with last year. He intended to file for reconsideration on the paving resolutions. He favored moving forward but had concerns about legal issues, with the process. Assemblymember Jeffrey congratulated Katherine Pascua as a high achiever, Cassandra Juenger as an excellent Borough employee, and Al Burch on his appointment to the PWSRCAC. Mayor Selby announced that the Boards, Committees, and Commissions Reception would be held on February 17 from 7:00 to 9:00 p.m. at the Kodiak Fisheries Research Center. He invited all members and their guest to attend. The Borough offices would be closed on Monday, February 20, in observance of the President's Day holiday. The Assembly would meet in a work session on Thursday, February 23 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, March 2 at 7:30 p.m. in the Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY, Williams, Branson, Jeffrey, Ranney, Stephens The meeting adjourned at 10:24 p.m. ATTEST: �/ [_fudith A. Niels n, CMC, Borough Clerk Kodiak Island Borough February 16, 2006 J ome M. Selby, Mayor Approved: 04/06/2006 Volume XXIX Page 238