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07/06/06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting July 6, 2006 A regular meeting of the Kodiak Island Borough Assembly was held July 6, 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 Tom Abell, Pat Branson, Sue Jeffrey, Reed Oswalt, Mel Stephens, and Barbara Williams. Staff present were Manager Rick Gifford, E.F. Director Bud Cassidy, Assessor Tom Anderson, Community Development Associate Planner Duane Dvorak, Finance Director Karl Short, Clerk Nova Javier, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Basuel. BRANSON moved to excuse Assemblymember Cecil Ranney, seconded by JEFFREY 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 Meetings of May 18 and June 1, 2006. BRANSON moved to approve the minutes, seconded by ABELL BRANSON corrected the spelling for the Rasmuson Assembly Minutes. VOICE VOTE ON MOTION TO APPROVE THE UNANIMOUSLY Foundation in the June 1, 2006 Regular MINUTES AS CORRECTED CARRIED AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS — None. COMMITTEE REPORTS — None. PUBLIC HEARING A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. ABELL moved to adopt Resolution No. FY2007 -01, seconded by JEFFREY Kodiak Island Borough Assembly Minutes July 6, 2006 Page 278 Manager Gifford reported the different options available for paving and financing terms for the project. Assemblymember Abell noted that he is a resident in Woodland Acres and declared a possible conflict of interest. Mayor Selby ruled no conflict of interest. Assemblymembers had general discussion about paving Woodland Acres, i.e., actual costs of paving roadway, approaches, options presented, drainage on Sean Circle, management costs, interest rates, alternate funding, service district role, etc. Mayor Selby opened the public hearing. Peggy Tuttle phoned opposing the paving with project costs of $14,000 and the maintenance costs at the expense of homeowners. Ms. Tuttle suggested finding optional funding for maintenance Bonnie Troth would like paved roads but cannot afford the cost of $14,000. Tiffany VanSicklen would like paved roads but not at the present cost. Michael Pfeffer objected to the paving project at the present costs. Increased costs from 2003 to 2006 is the fault of the borough. Increase in value of home would not happen with the paving of area. Eric McFarlin objects to the paving project at the present costs. Michelle Powell believes that Kodiak is financially struggling and the project is too expensive. William Harsch would like to have paving but cannot afford the proposed assessment of $14,000. He questioned if the Borough had gone to the state and federal government for funds to help this project. Wendv Van Curen cannot afford proposed assessment. Tim Motis reiterated that people in his neighborhood do not want this project because they cannot afford it. Option 2 was a viable option to look at. Don Lawhead was in favor of the paving project. Dust problem and drain problems on Sean Circle are problems of the Borough, not just the residents of Sean Circle. Louise Stutes stated that she lives in an unpaved area and supported the people that were speaking against the paving. Federal government and state monies should be sought. Jean Billings opposed the paving project. George Reith phoned noting he was not a homeowner but wanted to clarify that the road assessment would have to be paid at the closing if the house was sold. Stan Thompson was not in support of the paving project. Matthew Corriere cannot afford the cost of the paving project. John Rauwolf was opposed to the proposal for economic reasons. Mr. Rauwolf plans to attend future Service District meetings. Kodiak Island Borough Assembly Minutes Page 279 July 6, 2006 Shirley Thiel was totally against the paving and suggested that residents receive help. Joanna McFarlin reminded the Assembly that the Borough's decision influenced financial security of homeowners. They cannot afford $12,000 for this project. Mike Nugent would like to see the roads paved. He suggested that the Borough send it out to bid letting contractors know that it might not proceed. Harry Steven said he cannot afford the project; he would like the pavement but it is too expensive. David Horne thanked EF Director Cassidy for the options. He would like to have his driveway paved, and roads paved and could handle $5,000 to $8,000. Edward Coe was glad to see the options but cannot afford to pave. Willie Ron phoned and stated that he has not been assessed in the last 10 years. Dan Rohr spoke in favor of a per lot assessment, not a per lot value. He said final decision should be put out to vote by homeowners. Mary Holloway was in favor of the paving project however does not want to pay twice if the main roads are paved and not the inside roads. Peggy Rauwolf owned two lots and paving both lots would cost her approximately $54,000. She was not against the paving but cannot afford project. Bob Hatcher was retired and on a fixed income and the project was very expensive and families cannot afford it. Ann Kalcic owned a duplex on Harlequin Court and would like to see some paving but did not want to pay $14,000. Kay Steven has been beaten by the dust for 10 years and said main thoroughfare should not be assessed 100% to property owners. Julie Coyle brought petition around for paving originally. She cannot afford project as proposed. Clarence Selig phoned urging the Borough to step up to the plate. After a 10- minute recess, Mayor Selby reconvened the meeting at 10:05 p.m. Shirley Thiel opposed Mayor Selby's opinion indicating that taxes were not a concern. Ms. Thiel voiced that taxes were a concern and important. Tim Motis cannot pay twice for paving and residents should have the right to vote on this. He appreciated the guard rail installed behind his house. Julie Coyle thanked the assembly for the time and effort that has been given on this project. Agreed that homeowners need to have a final vote and assumed that a final decision would not be made tonight. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 280 Kevin Arndt cannot see how the cost for the project can come down. Option 2 paving Gull, Puffin, and Curlew was a good idea but everyone should not have to pay for it. Suggestions offered were creating a paving district and assessing a mil rate to start financing the paving. Michelle Powell asked if anyone tried to.secure grants to help with this project. Mayor Selby said alternative funding had not been secured in that state budgets have eliminated road funding. Michelle Powell stated that the guard rail did not get changed until complaints were made. She would like to see more maintenance. Michelle would also like to receive: responses to e-mails to the Borough. Mayor Selby closed the public hearing. ABELL moved to postpone Resolution No. FY2007 -01 to the July 20 meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY.: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams B. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Applicant: The Kishan Group Inc.) WILLIAMS moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board NEW Liquor °cense Application for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK (Applicant: The Kishan Group Inc.) seconded by BRANSON Clerk Javier stated that this was a New liquor license application from the Buskin River Lounge. Per Borough Code, the Assembly was required to hold a public hearing and determine by motion if a protest to a liquor license application was to be lodged. After investigation, it has been determined that the borough has NO interest that can be protected by protest, there have been no trouble reports. Seventeen public hearing notices were sent and none returned. Staff recommended non - protest to the application. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell C. State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Drive, Larsen Bay, AK. (Applicant: Larsen Bay Lodge Inc.) WILLIAMS moved to protest the State of Alaska Alcoholic Beverage Control Board NEW Liquor License Application for the Larsen Bay Lodge, 101 Beachfront Dr., Larsen Bay, AK based on the action taken by the Larsen Bay City Council (Applicant: The Larsen Bay Lodge Inc.), seconded by ABELL Clerk Javier stated that the State of Alaska, Department of Public Safety Division of Fire Prevention recommended disapproval to the application until a plan review was accomplished. After further investigation, we found that Larsen Bay City Council voiced non - support to the application at their June 29th meeting. The Council voiced major concern about the sale of liquor if lodges get their licenses. They would like to remain a "damp" village. 43 public hearing notices were mailed out and Kodiak Island Borough Assembly Minutes July 6, 2006 Page 281 four were returned objecting to the approval of the license. Staff recommended protest based on the major concem expressed by the Larsen Bay City Council. Mayor Selby opened the public hearing. Sandra Katelnikoff called opposing the liquor license in Larsen Bay and submitted a letter to the Assembly noting her concerns about bringing liquor into the community. Mayor Selby closed the public hearing. Assemblymember Stephens was concerned about the legal status of Larsen Bay with respect to the sale of liquor. He asked what authority the City Council has to make the community dry or damp. Clerk Javier stated that it was necessary that she put the item on the agenda but there was not a problem if it was postponed. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens, Williams (Nos) D. Ordinance No. FY2006 -12 Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One. (1059 Panamaroff Creek Dr.) (Applicant: Planning & Zoning Commission.) JEFFREY moved to adopt Ordinance No. FY2006 -12, Rezoning Tract 0, U.S. Survey 2539, Russian Creek Alaska Subdivision From B- Business To RR1 -Rural Residential One, seconded by OSWALT Manager Gifford reported that the Commission found this rezone request was appropriate and necessary and they recommended the Assembly approve the rezone. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey E. Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road) (Applicant: William Bacus) OSWALT moved to adopt Ordinance No. FY2006 -13 Rezoning Lot 26, U.S. Survey 3098, Lot 26 From RR1 -Rural Residential One To B- Business (2316 Mill Bay Road), seconded by BRANSON Manager Gifford reported that the Planning and Zoning Commission held a public hearing on this request at their April 19, 2006 regular meeting. The Findings of Fact for this case was approved at their May 17, 2006 meeting. The commission found this rezone request was appropriate and necessary, and they recommended that the Assembly approve the rezone. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt Kodiak Island Borough Assembly Minutes July 6, 2006 Page 282 F. Ordinance No. FY2006 -14 Amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities. WILLIAMS moved to adopt Ordinance No. FY2006 -14 amending Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer Procedures by adding Section 3.16.115 Delinquency to Allow the Borough to Offset Payments to Delinquent Entities and to not Allow the Borough to Contract With Those Entities, seconded by BRANSON Manager Gifford reported that the Borough has had various vendors and contractors who have not paid tax levies, special assessment levies, charges for utility or municipal waste services, and other Borough fees. The Borough wishes to require every person, corporation, and other business entity and their legal principals or officers who receive payments from the Borough to be current on all such amounts due to the Borough. Mayor Selby opened the public hearing, hearing and seeing none, he reconvened the regular meeting. Assemblymember Stephens stated that he would vote against this ordinance Monies are paramount liens and the borough will never lose monies because of these unpaid bills. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Williams, Abell, Branson, Jeffrey, Oswalt (Ayes); Stephens (No) BOROUGH MANAGER'S REPORT Manager Gifford said he was working on getting caught up from his vacation. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the City of Kodiak on the fireworks display. He also thanked Mr. Cassidy for securing FEMA monies for seismic studies. UNFINISHED BUSINESS None NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -01 Economic Development Services for FY 2007 between the KIB and the Kodiak Chamber of Commerce in the amount of $43,000 per annum. BRANSON moved to approve Contract No. 2007 -01, Economic Development Services for FY 2007 between the KIB and the Kodiak Chamber of Commerce in the amount of $43,000 per annum, seconded by WILLIAMS Manager Gifford recommended that the Assembly approve this contract for Economic Development Services with the Kodiak Chamber of Commerce for FY07 in the amount of $43,000. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 283 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams 2. Contract No. 2007 -02 Kodiak Island Borough Facilities Fuel 00 Delivery. JEFFREY moved to award Contract No. 2007 -02 to Petro Star, Inc. for heating fuel delivery to Kodiak Island Borough facilities for a term of 3 years based on a margin of 16 cents above the average weekly OPIS price quote, seconded by OSWALT Manager Gifford recommended that the Assembly approve this contract. It enables the Borough to purchase fuel at a bulk rate. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell. 3. Contract No. 2007 -03 Recycle Services with Threshold Recycling Services Inc. JEFFREY moved to direct staff to enter into contract negotiations with Threshold to award Contract No. 2007 -03 Recycle Services with Threshold Recycling Services, Inc. in the amount of $90,000, seconded by OSWALT Manager Gifford noted that Threshold was working with the Coast Guard regarding their recycling needs. Mr. Gifford introduced Matt Jamin, Board Member, for additional comments. Matt Jamin expressed his staff's appreciation for the support. Same model of business should be used over the next couple of months for pick -up of cardboard and paper at businesses. JEFFREY moved to amend the motion for Kodiak Island Borough to enter into contract with Threshold Recycling Services not to exceed $42,500 through September 2006, seconded by Branson ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey Mayor Selby thanked Mr. Jamin for devoting his time with Threshold. 4. Contract No. 2007 -04 New World Systems Corporation Standard Software Maintenance Agreement. BRANSON moved to approve Contract No. 2007 -04 with New World Systems Corporation Standard Software Maintenance Agreement for the period of July 1, 2006 to June 30, 2009 in an amount not to exceed $46,320 per year, seconded by OSWALT. Manager Gifford recommended to the Assembly to approve the Contract with New World Systems for the maintenance agreement for the period of July 1, 2006 through June 30, 2009 for the amount not to exceed $46,320. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt Kodiak Island Borough Assembly Minutes July 6, 2006 Page 284 B. RESOLUTIONS 1. Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation Plan OSWALT moved to adopt Resolution No. FY2007 -02 Allowing Borough Employees to Participate in the Hartford 457 Governmental Deferred Compensation, seconded by BRANSON Manager Gifford recommended the adoption of this resolution in that it was no cost to the Borough and provides an option for the employee. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY.: Williams, Abell, Branson, Jeffrey, Oswalt, Stephens, 2. Resolution No. FY2007 -03 Authorizing the Approval of Lease with the Chiniak Public Library Association. OSWALT moved to adopt Resolution No. FY2007 -03 authorizing the approval of lease with the Chiniak Public Library Association., seconded by BRANSON Manager Gifford noted that staff recommended that the Assembly adopt this resolution approving the lease with the Chiniak Public Library Association for a period of twenty -five years where the tsunami shelter is located. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Oswalt, Stephens, Williams, 3. Resolution No. FY2007 -04 Authorizing the Approval of Lease with the American Red Cross OSWALT moved to adopt Resolution No. FY2007 -04 Authorizing the Approval of Lease with the American Red Cross, seconded by Williams Manager Gifford noted that staff recommended that the Assembly adopt this resolution approving the lease with the American Red Cross. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. BRANSON moved to adopt Ordinance No. FY2007 -02 in first reading to advance to public hearing on July 20, 2006. seconded by ABELL Manager Gifford reported that staff recommended that the Borough Assembly adopt Ordinance No. FY2007 -02, Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Stephens, Williams, Abell, Branson Kodiak Island Borough Assembly Minutes July 6, 2006 Page 285 2. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 - 17.20, 17.22, and 17.57 for Transient Accommodations. OSWALT, moved to adopt Ordinance No. FY2007 -03 in first reading to advance to public hearing on July 20, 2006, seconded by WILLIAMS Manager Gifford reported it was recommended by staff that the Borough Assembly adopt Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. Assemblymember Stephens has questions but will save for the second reading. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell, Branson, Jeffrey D. OTHER ITEMS 1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group.) BRANSON moved to approve the State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for The Buskin River Lounge, 1395 Airport Way, Kodiak, AK. (Licensee: The Kishan Group), seconded by WILLIAMS Clerk Javier reported that this was an application for a restaurant designation permit to allow persons between 16 and 21 to dine unaccompanied, persons under 16 to dine accompanied by a person 21 years or older, and allow employment to persons between 16 and 19 years old at the Buskin River Lounge. This application will be approved by the ABC board if it is approved by the local goveming body. Staff recommended approval of the application for restaurant designation permit. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell, Branson, Jeffrey, Oswalt 2. Appointment to the Bay View Road Service Area Board. BRANSON moved to appoint Andy Teuber to a seat on the Bay View Road Service Area Board to expire 2007, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Stephens 3. Declaring the Gravel Task Force Seats Vacant. JEFFREY moved to declare the seat held by Gene Anderson and Melvin Squartsoff vacant and vacate these seats permanently, seconded by ABELL Clerk Javier reported that at the last work session the Assembly requested to completely vacate the seats held by Gene Anderson and Melvin Squartsoff on the Gravel Task Force. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 286 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Abell, Branson, Jeffrey, Stephens, Williams (Ayes), Oswalt (No). Clerk Javier noted at the last work session, the Assembly requested to keep the seat currently held by Howard Weston on the task force. BRANSON moved to declare the seat held by Howard Weston on the Gravel Task Force vacant and direct the Clerk to advertise this seat per borough code, seconded by ABELL ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSL: Branson, Jeffrey, Oswalt, Stephens, Williams, Abell CITIZENS' COMMENTS Clarence Selig phoned and noted he lives in the Beaver Lake area and has no dumpsters and the bear -proof dumpsters could not be opened. Charlie Davidson phoned asking for the status of crewmembers resolution. BRANSON moved to extend the meeting beyond 11:30 p.m. to take care of matters on the agenda, seconded by WILLIAMS ASSEMBLYMEMBER COMMENTS Assemblymember Stephens did not protest against liquor license in Larsen Bay because he believes that formal action should be taken by the City Council of Larsen Bay. The Borough code contains no provision which would permit deferred assessments for senior citizens for paving. The City code does. The question is whether we want to incorporate the deferment into Borough codes. Assemblymember Oswalt said a UV system was being installed at the Coast Guard Base pool and the use of the saline system are working very well. The Assembly should make a solid stand in getting these systems into the pool. Assemblymember Jeffrey thanked everyone who participated in the road paving project and encouraged residents to contact assemblymembers. Assemblymember Branson agreed with Mr. Stephens in tax deferment for seniors in road assessments. Assemblymember Abell hopes that the Clerk's office will send letters to people on Gravel Task Group thanking them for their service. Also made note that committee members in the village should know if travel is paid or not for these groups /task forces. Assemblymember Williams had no comments. Mayor Selby announced that the Assembly would meet in a work session on Thursday, July 13 at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, July 20 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Evaluation. Kodiak Island Borough Assembly Minutes July 6, 2006 Page 287 BRANSON moved to postpone the manager's evaluation to the July 20, 2006 meeting, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stephens, Williams, Abell Branson, Jeffrey Assemblymember Branson requested postponement due to the time of the evening. B. Matters Involving Negotiations with IBEW. BRANSON moved to convene into executive session to discuss matters involving negotiations with the IBEW, this qualified for executive session per KIBC 2.17.030E, matters involving negotiations with labor organizations representing borough employees, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Williams, Abell,Branson, Jeffrey, Oswalt ADJOURNMENT BRANSON moved to adjourn, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Branson, Jeffrey, Oswalt, Stephens The meeting adjourned at 12:00 a.m. ATTEST: . .1/ 4 Nova M. Javier, C , Borough Cle Kodiak Island Borough July 6, 2006 e M. Selby, Mayor Approved: August 3, 2006 Assembly Minutes Page 288