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08/07/2008 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting August 7, 2008 A regular meeting of the Kodiak Island Borough Assembly was held August 7, 2008 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 John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. Assembly member Friend was absent. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ABELL moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of June 19 and July 17, 2008 and Special meeting minutes of June 26, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Finance Director Short presented the Employee of the Quarter Award to Tracy Mitchell, Environmental Specialist in the Borough Engineering and Facilities Department. CITIZENS' COMMENTS Rick Pillans spoke in support of the Threshold Recycling contract with the Borough. Marion Owen called in support of Threshold's recycling services and programs for Kodiak. She urged the Assembly to support recommendations coming forward from the Solid Waste Advisory Board (SWAB). Dr. Bob Johnson spoke in favor of a Pay -As- You -Throw program for the community and urged the Assembly to consider the SWAB recommendation. Janet Buckingham Kodiak Island Visitors and Convention Bureau (KIVCB) Director thanked the Assembly for its continued funding of the organization. She reported on the recent cruise ship activities in Kodiak. She voiced her support of the SWAB recommendation. Ellen Simeonoff Threshold Services Treasurer spoke in support of renewing the recycling contract with the Borough. She thanked the Assembly for its continued support of Threshold. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 573 COMMITTEE REPORTS Dale Nash Alaska Aerospace Development Corporation (AADC) CEO, provided an update of the AADC program and the continued growth of the launch complex. He thanked the community for its continued support. Assembly member Lynch gave an update on the Solid Waste Advisory Board's activities and spoke on the Solid Waste Management Plan recommendations that would be brought before the Assembly for consideration. Assembly member Stutes reported on the Providence Kodiak Island Counseling Center Advisory Board meeting. Assembly member Branson reported on the Providence Island Service Area Community Board meeting. She spoke on the differences of future senior housing options: 1) independent living through the Kodiak Island Housing Authority; or 2) assisted living through Providence Hospital's proposed Greenhouse model. PUBLIC HEARING A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. OSWALT moved to adopt Ordinance No. FY2009 -01A. The Assembly's wish was to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding recent 2008 financial disclosure laws that had become intrusive and to inform the public that the proposition would instead require municipal officers to file a less intrusive KIB financial disclosure form. The Borough was required by Alaska Statutes to specifically appropriate the funding by ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." A draft informational brochure explaining the proposition was provided in the packet. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly members Abell, Branson, and Jeffrey spoke in support of appropriating funds to educate the public on the requirements of municipal officers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District. (P &Z Case 08 -023.) STUTES moved to adopt Ordinance No. FY2009 -03. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 574 The Planning and Zoning Commission recommended four lots, totaling approximately 20 acres, located in the B- Business zoned "island" in Womens Bay be rezoned to RR1 —Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B— Business zone "island" and fronting South Russian Creek Road (where the parcels reside) had languished to meet their full potential. Mayor Selby opened the public hearing. Public hearing responses received from Luke Lester and Maurice Johnson, both of whom were in support of keeping the lots zoned as B- Business, were read into the record by Clerk Javier. Mayor Selby closed the public hearing. Duane Dvorak, CDD Associate Planner, outlined the options available to the Assembly. One option was to refer the case back to the Planning and Zoning Commission for further recommendations. ABELL moved to refer Case 08 -023 back to the Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO REFER CARRIED FIVE TO ONE: Branson, Jeffrey, Oswalt, Stutes, and Abell (Ayes); Lynch (No). C. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. BRANSON moved to adopt Ordinance No. FY2009 -04. The consultant, Planning and Zoning Commission, and staff worked to develop a plan that expressed the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. The plan was approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it was not possible to consider any further amendments at the time. To make the plan enforceable and restore the Borough's "place at the table" during coastal project reviews, was contingent upon the adoption of the plan update. As a second class borough, the KIB has land use regulation authority through its planning and zoning powers. There are many exceptions where that authority does not extend such as off- shore (within the borough 3 -mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than the local zoning authority. Staff recommended the adoption of the KIB Coastal Management Program Plan Update and passage of the ordinance for codification. Duane Dvorak, CDD Associate Planner, explained that approving the ordinance would ensure a place with the agencies that would be involved with approving future plans. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 575 Mayor Selby opened the public hearing. Seeing and hearing none Mayor Selby closed public hearing. Assembly members discussed the importance of restoring the plan for the betterment of the coastal communities and thanked staff for putting the ordinance together. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Finance Director Short reported the following: • Kodiak Island Borough website has had over 19,000 visitors; 7,964 viewers have visited the site more than once. The public is viewing the website for bid specifications and information on property taxes. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by resolution. The ordinance would clarify the process when individual actions of municipal officials are challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Adoption of the ordinance was postponed by the Assembly after a public hearing was held at the June 19, 2008 regular meeting in order to receive a legal opinion on the proposed ordinance.The second opinion was just received and time was needed to review the document. BRANSON moved to postpone Ordinance No. FY2008 -21 to the regular meeting of September 4, 2008. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. NEW BUSINESS Contracts A. Contract No. FY2009 -02 NE Contract with ECI /Hyer, Inc. for Architectural Programming for Near Island Research and Administrative Facility. ABELL moved to authorize the Manager to execute Contract No. FY2009 -02 with ECI /Hyer, Inc. of Anchorage, Alaska, for architectural programming and concept design services for the Near Island Research and Administrative Facility in the amount not to exceed $89,700. The Kodiak Island Borough received a $1,500,000 legislative grant for the design and development of a Near Island Research and Administrative Facility for the Alaska Fish and Game. Proposals were solicited for architecture and engineering services. ECI /Hyer, Inc. was Kodiak Island Borough Assembly Minutes August 7, 2008 Page 576 selected by the Architectural Review Board. If approved, the present contract would include full A/E services, however at the time the project was in the pre- design stage of development and only the programming and concept design phase was authorized. In the future, additional phases of the NE services under the contract would be negotiated and brought before the Assembly for approval. By signing the present contract, ECI /Hyer, Inc. would be contracted for the additional phases and would be able to produce a schematic design in order to have a better view of what the building would look like and how large it would need to be to meet the needs of the agency. Assembly member Oswalt questioned if there was a contract with the potential tenant (ADF &G). Woody Koning, Engineering and Facilities Director, responded that the proposed contract with ECI /Hyer was for preliminary work only and that although there was not an executed contract with ADF &G, the agency had obligated millions of dollars to fund the future project. Assembly member Abell commented that funding the contract would put the Borough in good standing for future funding through EVOS. He also commented that initial funding had come from the State and it was their funding that was presently being spent on the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. B. Contract No. FY2009 -03 Recycle Services with Threshold Services, Inc. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -03 with Threshold Services, Inc. of Kodiak, AK for the unit price of $9,000 for the first 30,000 pounds and $.15 per pound for recyclable material over 30,000 pounds for the period of July 1, 2008 to December 31, 2008. Threshold Services, Inc., a private non - profit entity, maintains a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak. The shipment to markets off - island, which is achieved through Threshold's goal, provides work and training for persons with disabilities or who are chronically not employable. During calendar year 2007, Threshold processed 500 tons of recyclable material for the Borough and an additional 168 tons for the USCG (under a separate contract). Those recyclable items included newspaper, magazines, white and colored paper, various plastics, and tin cans. The amount of recyclables processed for the Borough was expected to increase as Threshold had established satellite drop -off stations within the borough. In general, the Borough's recyclable material included items brought by the public to Threshold's location on Von Scheele, the satellite stations, material picked up by Threshold at various business locations, and the community cardboard dumpster deliveries paid for through the Borough's contract with AK Waste Management. During fiscal year 2008 the average price per month for the contract was approximately $19,300. Threshold proposed to maintain the contract pricing; $9,000 for the first 30,000 pounds of material and $.15 per pound for any additional material, expecting that the proposed initial term of the six month contract would cost approximately $115,800. The contract and its costs would be evaluated after 6 months for an additional six month period and further negotiations would be brought back to the Assembly for approval. Staff reviewed the contract and recommended approval. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 577 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Jeffrey, Lynch, and Oswalt. Resolutions None. Ordinances for Introduction A. Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. BRANSON moved to adopt Ordinance No. FY2009 -05 in first reading to advance to public hearing on August 21, 2008. Certain real property was deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. The Planning and Zoning Commission reviewed the parcels as required by KIBC 18.10.030 by public hearing in June 2008. The parcels were declared surplus to "public need" and were determined to be available for future land sale. The United States Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T3OS R28W TL 1811 ZACHAR BAY & T31S R28W TL 2903 AMOOK BAY at fair market value from the Borough. KIBC 18.20.100 (B) Disposal for Fair Market Value allows the Assembly and its agents to directly negotiate with the United States, the State of Alaska, or any political subdivision thereof upon a finding by the Assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS would promote efficient management for public recreation, refuge for wildlife, and was consistent with the goals and objectives of the Kodiak Area Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY 2009 -01 B Amending Ordinance No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. JEFFREY moved to adopt Ordinance No. FY2009 -01 B in first reading to advance to public hearing on August 21, 2008. The ordinance would: • Increase the Child Care Assistance Program fund revenues and expenditures by $19,022 due to an increase in the child care grant from the State of Alaska; • Increase the Kodiak Middle School Seismic Upgrade Project in Fund 410 by transferring $2,700,000 from the Kodiak Middle School Seismic Upgrade project in Fund 420; • Move $1,010,118 from the Learning Center Renovation project (05017) to the Ouzinkie Gym Renovation project (04103); and • Move $143,751 from the Learning Center Renovation project (05017) to the Peterson Seismic Upgrade Project (05023). Kodiak Island Borough Assembly Minutes August 7, 2008 Page 578 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Other Items A. Assembly Review of Case 08 -002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business and Directing Staff to Prepare an Ordinance for Introduction. JEFFREY moved to direct staff to prepare an ordinance for introduction relating to Case 08 -002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. The Planning and Zoning Commission, at its regular meeting on June 18, 2008, adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. Per KIBC 17.72.055 (B) Submission to the Assembly. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the Assembly. A copy of KIBC Chapter 17.72 and an illustrative flowchart describing the decision making process and how the Commission and Assembly were required to consider amendments and changes to regulations and boundaries of districts was included in the packet. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. B. Mayoral Appointment(s) to the Solid Waste Advisory Board. BRANSON moved to confirm the mayoral appointment of Cindy Harrington to the vacant Solid Waste Advisory Board Seat, term to expire December 31, 2010. KIBC 2.39.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the Mayor and confirmed by the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. JEFFREY moved to confirm the mayoral appointment of Lauri Murdock to the vacant Retail Business Representative Solid Waste Advisory Board Seat, term to expire December 31, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 579 ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated Rick Pillans for the work that was being done at Threshold Recycling and for the renewal of the contract for the next six months. Assembly member Abell and Branson had no comments. Assembly member Jeffrey congratulated Tracy Mitchell as Employee of the Quarter and commended her for her hard work. She appreciated Mr. Nash's report on the AADC and was pleased to hear that orbital sciences businesses were interested in the program. She thanked Assembly member Branson for the clarification on the senior housing differences. Assembly member Oswalt commented that it was nice to see the pool project coming along. Assembly member Lynch extended congratulations to Tracy Mitchell for the well deserved Employee of the Quarter award. She urged the community to continue to recycle and speak out about recycling. ANNOUNCEMENTS Mayor Selby announced the Assembly would meet in a work session with a special meeting immediately following on Thursday, August 14, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, August 21, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Jeffrey, Lynch, and Oswalt. The meeting adjourned at 9:17 p.m. ATTEST: Je'ome M. Selby, M Nova M. Javier, CMC, Kodiak Island Borough orough Clerk KODIAK ISLAND BOROUGH Approved: 09/18/2008 Assembly Minutes August 7, 2008 Page 580