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2013-04-18 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting April 18, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 18, 2013, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of March 21 and April 4, 2013 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of April 2013 as the Month of the Military Child in Kodiak, encouraging all Kodiak residents to show appreciation, support, and understanding to the Military children in the community. Manager Cassidy presented the Employee of the Quarter Award to Jennifer Keegan, Secretary III in the Finance Department. CITIZENS' COMMENTS Karen Yashin, Kodiak Humane Society President, thanked the Assembly for its continued support and reported on future funding distribution. Betty MacTavish, a volunteer advocate for the American National Cancer Society Network reported on current funding and budgets, and thanked the Assembly for its support for clean water in Akhiok. Dennis Summons thanked the Assembly for its recent support to the Service Areas Boards, and spoke against renewing the current Borough Attorney's contract. COMMITTEE REPORT Melissa and Naomi Griffin; Lyndsy Carmody, and Skylar and Sidney Carmody spoke on behalf of the Girl Scouts of America and thanked the Assembly for its support. Scott Arndt, Vice-chair of the Solid Waste Advisory Board (SWAB), reported on the Board's recommendation that the Borough not charge for metals being disposed of at the landfill during the Spring Clean-up Days, and thanked the Assembly for its appointment of Curtis Howell to the Service Area No. 1 Board. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1194 Cindy Harrington gave an update on the Solid Waste Advisory Board (SWAB) Outreach and Education Committee's, "Spruce Up Kodiak" campaign. Assembly member Bonney reported and thanked the Solid Waste Advisory Board committee members for it's ongoing efforts. Assembly member Stephens reported on the Kodiak Island Borough School District budget meetings. Assembly member Griffin reported on the Kodiak Housing Task Force that met addressing local housing needs and objectives. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Would be in Anchorage April 24 and 25, 2013, attending the Commission on Alaska Seismic Safety Committee meetings; • Interviewed four candidates for the Community Development Director position; • Request for Proposal for legal services was completed and scheduled to be published; • Long Term Care Facility groundbreaking was scheduled for May 3 and additional information would be forwarded when available; • Lead North, Emerging Leaders Dialog Group scheduled to meet in Kodiak May 2013, and the Borough would send some employees to attend along with sponsorship of the event; and • Aged garbage liens were being researched. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated Judge Joel Bolger for his upcoming installation on the Alaska Supreme Court, and thanked Representative Alan Austerman and Senator Gary Stevens for their successful support for Kodiak Island Borough capital projects in the recent legislative session. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013-25 Karluk School Oil Tank Procurement. GRIFFIN moved to authorize the Manager to execute Contract FY2013-25 with Greer Tank Inc. of Anchorage, Alaska for the Karluk School Oil Tank Procurement in the amount not to exceed $41,345. The contract was for the procurement of an above ground fuel storage tank for the Karluk Underground Storage Tank Replacement project. The Tank Replacement project involved decommissioning four existing underground fuel storage tanks at the Karluk School and replacing them with one above-ground fuel storage tank. The scope of work was out for bid. The State of Alaska Department of Environmental Conservation had mandated that KIB complete the work no later than September 30, 2013. In order to meet the schedule it was necessary for KIB to purchase Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1195 the new fuel tank and have it shipped to Kodiak where it would be turned over to the contractor selected for the Tank Replacement project. An invitation to bid for the tank procurement was issued on March 21, 2013, and bids were opened on April 2, 2013. Two bids were received and staff determined that Greer Tank Inc. of Anchorage, Alaska was the lowest responsible bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stutes, and Stephens. 2. Contract No. FY2013-26 Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement. GRIFFIN moved to authorize the Manager to execute Contract No. FY2013-26 with ASRC Builders, LLC for the Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement in the amount not to exceed $470,735. The Kodiak Island Borough solicited bids to procure a Metal Building System for the Leachate Treatment Plant as part of the Landfill Lateral Expansion Project. The 127' 4" x 87" 4" building package would be erected as part of the Phase III project, by the Phase III general contractor(TBD). Two bids were received and ASRC was recommended by CH2MH ILL as the responsive low bidder on the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stutes, Stephens, and Austerman. Resolutions 1. Resolution No. FY2013-29 Accepting the Recommendation of the Planning and Zoning Commission Recommending the Disposal of Certain Borough Land as Surplus to the Public's Need to be Sold at a Future Land Sale (P&Z Case 13-019, Chiniak). KAPLAN moved to adopt Resolution No. FY2013-29. The Borough Resource Management Officer identified one parcel of land which could be suitable for disposal at a future land sale. At the primary stage of review, all that was required was a determination by the Assembly that the land identified was surplus to the Borough public's need. There was no adopted plan guidance indicating a need for the lands reviewed in this case to be required for any particular public purposes. Upon Assembly approval, the disposal of this parcel, an additional zoning review wouldl be required before this lot could be considered fit for disposal. The Planning and Zoning Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stutes, Stephens, Austerman, and Bonney. 2. Resolution No. FY2013-30 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal By Lease of Certain Borough Land as Surplus to the Public's Need (P&Z Case 13-022, Pillar Creek). AUSTERMAN moved to adopt Resolution No. FY2013-30. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1196 The 25-year lease agreement between the Borough and Kodiak Regional Aquaculture Association (KRAA) for Borough property at Pillar Creek in support of the hatchery was due to expire June 30, 2013. In addition to renewal of the lease, KRAA was seeking a modification to the existing lease area by relinquishing 19 acres of the original lease area and acquiring approximately 2.61 abutting acres that were identified as more suitable for hatchery expansion. At the primary stage of review, the Assembly needed to determine that the land identified for disposal was surplus to the borough public's need. There was no adopted guidance plan indicating a need for the lands reviewed in this case to be required for any particular public purpose. Upon the Assembly's approval of the disposal of the parcel, an additional zoning review would be required for the parcel to be considered fit for hatchery expansion. The Planning and Zoning Commission held a public hearing on the request and found the request to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Adoption of the resolution would direct the Manager to continue the process of making this parcel ready for disposal, by lease, to the Kodiak Regional Aquaculture Association. Assembly member Stephens declared a conflict of interest. Mayor Selby ruled there was a conflict of interest and excused Assembly member Stephens. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Bonney, and Griffin. Ordinances for Introduction 1. Ordinance No. FY2013-15 A Rezone According to KIBC 17.205.0 to Rezone Proposed Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision From PL-Public Use Zoning District To RR2-Rural Residential Two Zoning District (P&Z Case 13-018, Chiniak). BONNEY moved to adopt Ordinance No. FY2013-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough Resource Management Officer had identified two parcels of land which could be suitable for disposal at a future land sale. Planning and Zoning Commission Cases No. 13-019 and 13-002, declared the two parcels as surplus to the public's need. Prior to public disposal, a rezone to a suitable residential zoning district was required. The adopted plan guidance and surrounding neighborhood indicated that the Rural Residential Two Zoning District was the most appropriate zoning district for the purpose of disposal. The Commission held a public hearing on March 20, 2013, and found the request to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. Other Items 1. Confirmation of the Assembly Appointment to the Service Area No.1 Board (Curtis Howell). This item was approved under the consent agenda. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1197 There was a vacant seat on the Service Area No. 1 (SA1) Board for a term to expire October 2015. The Clerk's office received one application from Mr. Curtis Howell and the application was forwarded to the SA1 Board for consideration. The Board met on Monday, March 11, 2013, and forwarded its recommendation to appoint Mr. Howell to the vacant seat. The Assembly confirmed the appointment of Mr. Howell to the SA1 Board for a term to expire October 2015. 2. Approval of the Vacation of a 20-Foot Wide Utility Easement in Accordance With KIBC16.60.060, Along the Lot Line Common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision (P&Z Case S13-013, Cossette). BONNEY moved to approve the vacation of a 20-foot wide utility easement along the lot line common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision. The Planning and Zoning Commission granted approval of a preliminary plat where the applicants had mutually agreed to a common lot line adjustment. The existing utility easement served no known utility provider, and potential users of the utility easement had expressed non-objection to the vacation or remained silent. Because there was a vacation of a utility easement involved, KIBC 16.60.060 required assembly review and approval. If approved, the applicant would submit a final plat that met KIBC code requirements. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch. 3. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved under the consent agenda. At its regular meeting on April 4, the Assembly confirmed the appointment of Mr. Bill Kersch to the vacant City seat on the Planning and Zoning Commission for a term to expire December 31, 2013. The Clerk's Office sent an appointment letter to Mr. Kersch on April 5. On Wednesday, April 10 the Clerk's Office received a letter from Mr. Kersch declining to assume the duties as a member of the Commission. The Assembly declared the City seat vacant and directed the Borough Clerks to advertise the vacancy per Borough Code. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens reported on the final status of the Alaska Public Offices Commission (APOC) complaint against himself. Assembly member Stutes questioned the APOC complaint process filed by the Borough. Assembly member Griffin spoke in support and appreciation of the military children in the Kodiak community, and expressed appreciation for the capital project funding through lobbying efforts of Senator Stevens and Representative Austerman. Assembly member Lynch congratulated and thanked the Petrick family, the Kodiak Humane Society, and the "Spruce Up Kodiak" campaign members. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1198 Assembly member Lynch and Austerman congratulated Employee of the Quarter Jennifer Keegan, and thanked the Girl Scouts of America and commended the work that SWAB was doing in public outreach. Announcements The Assembly and School District Board would meet in a Joint Work Session on Thursday, April 25 at 6:30 p.m. in the School District Conference Room. The next Assembly work session was scheduled on Thursday, April 25 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 2 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. The meeting was adjourned at 8:35 p.m. KODIAK ISLAND BOROUGH 1‘11-3 if / ^ i ATTEST: Jero e M. Selby, Mayor ■ Nova M. Javier, MMC, B ft ugh Clerk Approved: June 6, 2013 Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1199