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1990-09-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting September 6, 1990 A regular meeting of the Kodiak Island Borough Assembly was held September 6, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:31 p.m. The Presiding Officer led the Pledge of Allegiance. There were present: Lorne White, Presiding Suzanne Hancock Jack McFarland Tom Merriman Mary Monroe Gary Stevens Bob Shuttlesworth comprising a quorum of the assembly; and Linda Freed, Acting Borough Mayor Gaye J. Vaughan, Borough Clerk Donna F. Smith, Deputy Clerk APPROVAL OF AGENDA MERRIMAN, seconded by MCFARLAND MOTION CARRIED CONSENT AGENDA HANCOCK, seconded by MERRIMAN VOTE ON MOTION MOTION CARRIED APPROVAL OF MINUTES moved to approve agenda as submitted. Unanimous Voice Vote moved to approve consent agenda with removal of Ordinance No. 90-23. Unanimous Voice Vote A. K.I.B. Assembly Meeting of August 2, 1990. This item was previously approved under "Consent Agenda." Regular Assembly Meeting September 6. 1990 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF MINUTES Volume XIII Page 170 AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Acting Mayor Freed presented the Employee of the Month Award to Pat Carlson, Assessor. B. Proclamation PROCLAMATION Acting Mayor Freed read a proclamation declaring September 17 - 23, 1990 as Constitution Week and September 17, 1990 as Citizenship Day. Guyneth Cessna, representative of the Daughters of the American Revolution, accepted the proclamation. CITIZENS' COMMENTS CITIZENS' COMMENTS B. Agenda Items Not Scheduled For Public Hearing C. Items Other Than Those Appearing on the Agenda Lorna Arndt emphasized that the Island Lake Park was a disgrace to the community and explained why it looked that way. She invited the assembly to look at it. Presiding Officer asked Assemblymember Merriman to bring it before the Parks Board. Peggy Rauwolf stated her objections to Ordinance No. 90-23, which were emotional and practical. She said the street name of Sean Circle had been established since 1984 and the cost of renaming would be significant. She said the street was named after a son, who was very proud of that. John Rauwol£ stated objections to Ordinance No. 90-23. Scott Arndt, Service District #1 representative, said he was available to speak on the Billings waiver of fees request. Dave Herrnsteen spoke to Resolution No. 90-44. He was concerned about the land sale of Lot 7A, Block 5, Miller Point Subdivision that had been held for a future school site. His concern was it being sold without being subdividing first. It scared him that someone else would be subdividing it in less than one one-half acre lots. He thought it would be better to have some of the lots one one-half acres or more, because of sewer, water, rocks, and trees, instead of dividing it into seven lots. He saw nothing wrong with the borough subdividing to make it more compatible with the other lots instead of selling in one large chunk. Regular Assembly Meeting Volume XIII September 6, 1990 page 171 Okev Chandler opposed Ordinance No. 90-20A that gave funds to the city library. He also opposed Ordinance No. 90-24. Alan Austerman stated he would appreciate discussion on Ordinance No. 90-25. COMMITTEE REPORTS A. Appointment of Commander John Malmrose to Airport Task Force. MOTION TO APPOINT MONROE, moved to appoint seconded by MERRIMAN Commander John Malmrose to Airport Task Force. Assemblymember Monroe pointed out he is the local Director of Facilities at the Coast Guard Base and had expressed an interest in assisting the Task Force. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Assemblymember Shuttlesworth reported an Architectural Review Board meeting where the incidental fuel spill at the hospital, East Elementary School roofing contract, CT scan building, and the pedestrian path on Rezanof near East Elementary School were discussed. PUBLIC HEARING A. Ordinance No. 90-20A Amending the FY91 Budget by Appropriating Additional Funds to Mental Health, School District, and City of Kodiak Library. Presented for second reading and public hearing was Ordinance No. 90-20A which would appropriate $150,000 to Mental Health as there was a shortfall in grant monies; $200,000 to the school district funds due to the cuts in the budget by the governor's veto; and, $58,000 to the City Library because of an oversight in the original budget approved. SHUTTLESWORTH, seconded by STEVENS moved to adopt Ordinance No. 90-20A. The presiding officer called for public testimony. Alan Austerman spoke in favor of this ordinance. Regular Assembly Meeting September 6, 1990 COMMITTEE REPORTS APPOINTMENT PUBLIC HEARING ORDINANCE NO. 90-20A Volume %III Page 172 Chris Kinter said he would like a commitment made to cut spending before he would support any new taxes. He opposed additional appropriations to the school district and Mental Health, but supported funding to the City Library. Okey Chandler opposed funding to the City Library. Bill Oliver spoke in favor of the ordinance, and he did not think spending was out of control because the budget was the same as five years ago. Nancy Frost, Dave Herrnsteen, and Peggy Rauwolf supported the ordinance. Lorna Arndt opposed Mental Health funding. The presiding officer closed the public hearing. STEVENS, seconded by MERRIMAN moved to amend by substitution Presiding Officer White explained the omission of the funding for the City Library was an oversight on the original budget, and the substitution included the addition of a NMFS Lobbyist and the language that referred to school funding. Assemblymember Monroe commented that the major portion of Mental Health services came from state grants and federal grants and some fees. VOTE ON MOTION TO AMEND Ayes: Hancock, McFarland, Merriman, Monroe, Shuttlesworth, Stevens, White Noes: I\feTOTT1 MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED MOTION CARRIED Ayes: Noes: MOTION CARRIED Regular Assembly Meeting September 6, 1990 McFarland, Merriman, Monroe, Shuttlesworth, Stevens, Hancock, White None Unanimous Volume XIII Page 173 2. Ordinance No. 90-22 Amending KIS Code 13.05.055 Location of Individual Private Utility Connections. Presented in second read for public hearing was Ordinance No. 90-22 which revised language in the code to resolve the conflict between Title 16 and the utility code. HANCOCK, moved to adopt seconded by McFARLAND Ordinance No. 90-22 The presiding officer called for public testimony. Scott Arndt encouraged passage of the ordinance. The presiding officer closed the public hearing. VOTE ON MOTION Ayes: Merriman, Monroe Shuttlesworth, Stevens, Hancock, McFarland, White Noes: MOTION CARRIED None Unanimous 3. Ordinance No. 90-24 Appropriating $295,000 for the Repair of Rezanof Drive. Presented in second reading and public hearing was Ordinance No. 90-24 which would effect project level changes in the 1990 budget to include a $295,000 expenditure to the State of Alaska Department of Transportation for essential and necessary road repairs on Rezanof Drive. (CLERK'S NOTE: This ordinance was misnumbered --it should be Ordinance No. 90-2OB.) SHUTTLESWORTH, seconded by MONROE moved to adopt Ordinance No. 90-24 The presiding officer called for public testimony. Scott Arndt opposed the ordinance because he did not feel it was the appropriate approach to the problem unless the state paid back the funds. Chris Kinter thought it was a good idea to take more local responsibility and supported the ordinance. Regular Assembly Meeting September 6, 1990 ORDINANCE NO. 90-22 ORDINANCE NO. 90-24 Volume %III Page 174 Scott Thompson asked for the expiration date of the contract to complete resurfacing. Assemblymember McFarland replied October 15. At the presiding officer's request, Acting Mayor Freed explained that if the October 15th deadline was not met, the contract allowed for a day-to-day extension by the contracting officer or liquidated daily damages of $750 per day until the project was completed or contract terminated. She said it was a completion date contract and there were no provisions for calendar days in the contract. Scott Thompson felt this was a bandaid approach to the problem because it did not address the areas in need opposed it. He said he would support an assembly resolution for the next legislative session to reappropriate the $3,000,000 to resurface all of the state road main arterials. Alan Austerman opposed the ordinance because he did not see a request for reimbursement from the state. Dave Herrnsteen supported the ordinance because roads are important to the community. Lorna Arndt questioned why the monies are not used for schools instead of roads. Okev Chandler thought it was a waste of money to patch the potholes. The presiding officer closed the public hearing. Assemblymember Stevens said the borough cannot loan the state money and cannot be any part of a contract, and the state was unwilling to enter into an agreement where they would be obligated to return the money. He emphasized there would be no guarantee the state would reimburse the funds regardless of what happened with the oil monies and Assemblymember Shuttlesworth agreed. At Assemblymember McFarland's request, Acting Mayor Freed explained DOT indicated it was a completion date contract. She said a completion date contract sets a specific completion date and liquidated damages are required after that date, except in special circumstances allowed by the contracting officer to offer a day-to-day extension at their discretion. She continued that if that day-to-day extension was not granted, then liquidated damages of $750 per day apply as long as the contract was in Regular Assembly Meeting Volume XIII September b, 1990 Page 175 effect. She said a calendar day contract falls under general provisions of state contracts that set a number of calendar days it takes to complete the project and if project comes within a time frame of November to April, the liquidated damage clause was excluded. She said DOT's interpretation of this contract was that the calendar day provisions do not apply and was stated in the contract. She noted that if the contractor did not meet the October 15th deadline, DOT said they would do a day-to-day extension and assess liquidated damages. She said if liquidated damages no longer seemed feasible, DOT could terminate the contract for the convenience of the state, send the funds back to the borough and city, bid a new contract next spring and request more funding at that time. Presiding Officer White suggested language to be added that staff would be authorized and directed only to enter into a completion date contract with the completion date of October 15, 1990. The Clerk reminded the assembly that it was a state contract and not a borough contract and, therefore, could not be amended. Assemblymember Merriman expressed his concern about just repatching roads and the contract being shut down before the work was completed. He questioned why taxpayers monies should be spent to maintain a road that was a state owned entity. He felt there should be assurance we could get the monies back. Assemblymember Stevens concurred with Assemblymember Merriman. He asked the acting mayor about change orders to the contract. She replied the state indicated they would not do changes orders to the contract and, in fact, would cancel the contract if it looked like it would not be completed at the convenience of the state. She said the state was not talking about laying off the contractor during the winter months with no liquidated damages charge, but talked about the possibility of elimination of the contract when it could no longer be reasonably fulfilled and a new contract process in the spring. Assemblymember McFarland felt the completion date helped solidify the possibility of extensions, damages, and cancellations. He thought the borough should go back to Juneau for appropriations this winter. He felt the timing may be right to spend the $295,000, reluctantly, because there were not a lot of alternatives to get the roads finished by 1994. Regular Assembly Meeting Volume %III September 6, 1990 Page 176 Assemblymember Merriman added that he felt our position should be stronger in getting the funding after the November election. He did not feel there was any choice but to oppose this ordinance. Assemblymember Monroe spoke in favor of the ordinance because the work needed to be done this fall and to try again to get the monies for the rest of the road work needed. Assemblymember Stevens questioned the chances of the contractor being able to finish the work by the middle of October. Presiding Officer White pointed out the first monies to be used would be the state's portion. Assemblymember Shuttlesworth thought that the low bidder was on the island doing the airport project. He asked the acting mayor if there was a way to change the contract. She said it was a completion date contract and did not believe an amendment similar to the presiding officer's suggestion would be adverse to the state in having that requirement in the appropriation ordinance because they believed they are fulfilling that in the contract. At the presiding officer's request, the clerk said that based on previous discussion by the assembly, a revised version was before assembly. HANCOCK, seconded by MONROE moved to amend by substitution the new version of Ordinance No. 90-24 At the presiding officer's request, Assemblymember Monroe read the amendments into the record. VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: Monroe, Shuttlesworth, Stevens, Hancock, McFarland, White Noes: Merriman MOTION CARRIED 6 Ayes, 1 No Presiding Officer White commented it was important to consider the fact that the city had agreed to the contract and to consider the condition of the road. Regular Assembly Meeting Volume XIII September 6, 1990 Page 177 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Shuttlesworth, Hancock, McFarland, Monroe, White Stevens, Merriman 5 Ayes, 2 Noes The presiding officer called for a ten minute recess at 9:14 p.m. and reconvened the regular meeting at 9:26 p.m. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR None. OLD BUSINESS OLD BUSINESS 1. Request by Chris and Ruth Billings for REQUEST FOR waiver of water and sewer fees. FEE WAIVER STEVENS, moved to accept seconded by MONROE the recommendation of Service District #1 Board to waive 50% of fees due without interest. Assemblymember McFarland asked to hear from the Service District #1 representative. Scott Arndt questioned if the Board's motion spoke to waiving the interest. He said it was the opinion of the Board to split halve the fees. With the concurrence of his second, Assemblymember Stevens changed his motion to reflect recommendation of the service district board which was 50% of fees due. VOTE ON MOTION Ayes: Stevens, Hancock, McFarland, Merriman, Monroe, Shuttlesworth, White Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting Volume %III September 6, 1990 Page 178 NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Sole source contract on mapping wetlands. MAPPING WETLANDS MERRIMAN, moved to award the seconded by SHUTTLESWORTH sole source contract for wetlands mapping to Aeromap U.S. At the presiding officer's request, Acting Mayor Freed explained the borough was going through a wetlands mapping process paid for by the state. She said there is only one firm in the state and was very important to meet with the firm during the process. VOTE ON MOTION TO AWARD Ayes: Hancock, McFarland, Merriman, Monroe, Shuttlesworth, Stevens, White Noes: None MOTION CARRIED Unanimous 2. Contract for temporary C.T. Scan Building CT SCAN BUILDING at the Kodiak Island Hospital. SHUTTLESWORTH, moved to award the seconded by McFARLAND contract for the construction of the CT Scan Building at the hospital to Olympic Pacific Builders in an amount NTE $90,200. VOTE ON MOTION TO AWARD Ayes: McFarland, Merriman, Monroe, Shuttlesworth, Stevens, White, Hancock Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting Volume XIII September 6, 1990 Page 179 B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 90-44 Authorizing Certain RESOLUTION Properties Surplus to Borough Needs and NO. 90-44 Establishing the Terms of Sale for Land Sale #11. HANCOCK, moved to adopt seconded by McFARLAND Resolution No. 90-44 At the presiding officer request, Acting Mayor Freed explained the purpose of this resolution was to set the terms and conditions of the land sale by setting a date of November 26, 1990, and conditions of 10% down and payable ten years, and sealed bid. She added the Planning and Zoning Commission was still considering whether they would recommend disposal of a number of these properties and, also, a number of them would need to be rezoned prior to disposal deadline of November 26, 1990. Assemblymember Stevens asked the acting mayor which lot Small World, Inc. was interested in. She replied that the lot Small World was interested in had been removed from the resolution per the assembly's discussions and mayor's direction. She explained subdividing was a policy decision for the assembly. She said the Chiniak Subdivision and Onion Bay Subdivisions on the resolution were subdivided by the borough and there was a draft subdivision for the Miller Point Lot but a decision had been made to sell it as one parcel. Assemblymember Merriman felt the borough had no place in developing subdivisions although he appreciated Mr. Herrnsteen's position. Presiding Officer White remembered public hearings where the residents felt that if the borough did the subdivision, it was less likely that the characteristic of the neighborhood would be changed. Assemblymember Merriman said the public would still have the opportunity to bring to the assembly any shortcomings or problems they would foresee. Assemblymember Hancock asked the acting mayor if the appropriate time to put stipulations on certain portions of the properties was when it was before the Planning and Zoning Commission. Ms. Freed replied that Lot 7A would be reviewed for disposal by the commission at their September 19th meeting, and they could recommend to the assembly that conditions be placed on that disposal. She added she had Regular Assembly Meeting Volume XIII September 6, 1990 Page 180 encouraged Mr. Herrnsteen to testify before the commission. She said the current zoning was Public Lands and a proposal was on the agenda to rezone RR1 which was 40,000 square foot minimum lots. VOTE ON MOTION TO ADOPT Ayes: Noes: Monroe, Shuttlesworth, Stevens, White, Hancock, McFarland Merriman MOTION CARRIED 6 ayes, 1 no C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-23 Renaming Sean Circle to Shearwater Circle. Presented in first reading was Ordinance No. 90-23 which would rename Sean Circle to Shearwater Circle (located in Woodland Acres.) This was being presented to the assembly in response to a petition signed by 15 area residents. STEVENS, moved to adopt seconded by MCFARLAND Ordinance No. 90-23 in first reading. Assemblymember Stevens said he had received many phone calls and asked the clerk if there was a way to survey the homeowners. Clerk Vaughan said it was reasonable to send letters to the property owners on Sean Circle. Assemblymember Merriman concurred with Assemblymember Stevens, but felt some credence should be given to the subdivider when they named the streets. He also spoke to the expense, safety, and history of the community affected by the street name change. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Monroe, Stevens, Hancock, White Shuttlesworth, McFarland, Merriman 4 ayes, 3 noes ORDINANCES FOR INTRODUCTION ORDINANCE NO. 90-23 Regular Assembly Meeting Volume XIII September 6, 1990 Page 181 2. Ordinance No. 90-25 Amending the KIB Code ORDINANCE by Adding Chapter 3.26 Sales Tax Providing NO. 90-25 for the levying and Collection of a Sales Tax and Penalties for Failure to Collect. Presented in first reaing was Ordinance No. 90-25 which changes the code to provide for the levying and collection of a sales tax. MONROE, moved to pass seconded by HANCOCK Ordinance No. 90-25 in the first reading. The clerk pointed out this ordinance was an exact duplicate of the city's sales tax ordinance, including exemptions, with a few changes in the collection procedures. She explained the ordinance would be up for second reading and public hearing two days after the election. This ordinance is being introduced in advance of the October 2 election in order to give the public insight to the assembly's intentions. If the ballot proposition passes, this ordinance would become effective January 1, 1991. Assemblymember Stevens opposed a sales tax because he felt a sales tax was a regressive tax that affects the people who can least afford it and confuses the public as to how their schools are being funded. VOTE ON MOTION Ayes: Shuttlesworth, Hancock, McFarland, Merriman, Monroe, White Noes: Stevens MOTION CARRIED 6 Ayes, 1 No D. OTHER ITEMS OTHER 1. Request to purchase a 486 microcomputer MICROCOMPUTER system from Frontier Micro Systems in an SYSTEM amount NTE $6,695. HANCOCK moved to authorize seconded by MERRIMAN purchase of a 486 microcomputer system from Frontier Micro Systems in an amount NTE $6,695. Regular Assembly Meeting Volume %III September 6. 1990 Page 182 At the presiding officer's request, the acting mayor explained this machine would serve the draftsman to produce maps and make changes more efficiently. VOTE ON MOTION Ayes: Stevens, White, Hancock, McFarland, Merriman, Monroe Shuttlesworth, White Noes: MOTION CARRIED None Unanimous 2. Request to expend monies from DEC grant balance for mobilization of village oil spill cleanup crews. STEVENS, moved to approve seconded by McFARLAND expenditure of up to an additional $300,000 of DEC grant for oil spill cleanup. Assemblymember Stevens pointed out there was $900,000 left in the DEC grant. VOTE ON MOTION MOTION CARRIED Unanimous voice vote INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. City of Kodiak regular meeting of August 9, Regular Assembly Meeting September 6, 1990 OIL SPILL INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume %III Page 183 1990. 2. Service District #1 meeting of June 5, 1990. 3. Service District #1 meeting of July 3, 1990. 4. Service District #1 meeting of July 31, 1990. 5. Planning and Zoning Commission regular meeting of July 18, 1990. 6. Architectural Review Board meeting of May 14, 1990. 7. City of Kodiak regular meeting of July 12, 1990. Regular Assembly Meeting September 6, 1990 OIL SPILL INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume %III Page 183 1. K.I.B. Financial Report for July 1990. 2. K.I.B.S.D. Financial Report for July 1990. 3. K.I.B.S.D. Financial Report for June 1990. C. OTHER OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Scott Arndt addressed the street name change and felt that it set a bad precedent. He then spoke to the Kadiak lot being removed from the land sale. He understood the reason for the lot going up for sale was that the monies would be expended to locate additional park property within subdivisions and felt that if the borough should give the property away, they should replace it. Assemblymember Merriman explained the assembly's position which was although they understand it is a specialty piece of land, it would be used for a service that would benefit the working community of Kodiak by providing child care at Small World. Scott Arndt was not opposed to a day care center, but concerned with the loss of money to replace that property within the service district. He also spoke to an opinion from an attorney the borough had requested regarding road powers and a meeting with the attorney. Assemblymember McFarland assured Mr. Arndt that meetings with the attorney would be advertised. Assemblymember Stevens pointed out no action was taken at the meeting. Presiding Officer White's understanding that the meeting was agreed to on a previous Thursday and would be advertised. Scott Arndt stated the portion of Rezanof Drive being resurfaced was in the city limits. Scott Thompson agreed with Mr. Arndt on the disposal of the R3 property as it was very necessary for development. He also spoke to the sales tax, forward funding, and cuts in spending. Regular Assembly Meeting Volume %III September 6. 1990 Page 184 Debbie Refoir spoke on the Rezanof Drive repairs and it scared her that the contract was let to an outside contractor. Peggy Rauwolf stated that John and she had previously lived on Sean Circle for several years. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblymember Merriman congratulated Pat Carlson and thanked those who shared their thoughts on the issues. He was happy to see the KIB Apartments being repainted and the difference in appearance was better already. Assemblymember Stevens mentioned that most of the assemblymembers were going to the Southwest Alaska Municipal Conference in King Salmon which was a very important conference because geographical communities get together and work on common interests and concerns. Assemblymember Hancock shared the feelings of the assembly that the situation with the Rezanof Drive overlay was less than satisfactory but felt the time had come for the community to realize that we are responsible for our community and cannot always wait for someone else to take care of the problems. Assemblymember Merriman asked the clerk to put the question of R3 property on the next worksession agenda. Presiding Officer White announced the next worksession on Thursday, September 13 at 7:30 p.m. in the borough conference room; a joint worksession with the city council on Tuesday, September 18, 1990 at 7:30 p.m. in the city conference room; and, the next regular assembly meeting on Thursday, September 20, 1990 at 7:30 p.m. There being no further business to come before the assembly, the meeting adjourned at 10:30 p.m. Pr ding Officer ATTEST: $orou 1 k C� Regular Assembly Meeting Volume XIII September 6. 1990 Page 185